Court No. - 55
Case :- APPLICATION U/S 482 No. - 45830 of 2018
Applicant :- Rajnish Kumar
Opposite Party :- State Of Up And 04 Others Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 23.11.2017 passed by Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar, in Execution No. 24/11 of 2017 (Amita Vs. Rajnish), Police Station- Chapar, District- Muzaffarnagar.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
At this stage, learned counsel for the applicant submitted that he is ready to pay the 50% of total amount of 4,95,000/- within one month from today and he shall pay remaining amount in two quarterly instalments.
Considering the argument of learned counsel for the applicant, this application is disposed of with a direction to the applicant to deposit the 50% of total amount of 4,95,000/- within one month from today and remaining amount shall be paid in two quarterly instalments meaning thereby the complete amount shall be paid within seven months from today.
Recovery warrant shall remain stayed for seven months from today.
It is further directed that after payment of instalments as directed by the Court, applicant shall provide information in writing to court below.
It is made clear that in case, the amount as mentioned above is not paid by the applicant, it shall be open for the court below to proceed against the applicant in accordance with law.
Order Date :- 18.12.2018 Sartaj