Heard Sri Pavan Kishore, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA-I appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 25.12.2019 as well as the cognizance order dated 10.01.2020 and the proceedings of Case No.90 of 2020 (State Vs. Ram Lal Patel) arising out of Case Crime No.202 of 2019, under Sections 406, 504, 506 I.P.C., P.S. Adalhat, District Mirzapur pending in the Court of Additional Chief Judicial Magistrate, Mirzapur.
Submission of the learned counsel for the applicant is that the allegations made in the FIR do not give specific particulars with regard to the payments stated to have been made and the version of the first informant rests solely on the basis of an oral agreement. Reliance is sought to be placed on the statements of the witnesses to support the defence sought to be pleaded.
Learned AGA appearing for the State-opposite party states that a combined reading of the statements of the witnesses and the material evidence which has been referred in the charge sheet does not indicate that it is a case where it can be said that no offence is made out and the contention which is sought to be raised by the applicant would require entering into disputed questions of fact and appraisal of evidence which would be beyond the parameters of exercise of jurisdiction under Section 482 Cr.P.C.
Learned counsel for the applicant, after making submissions to some extent, has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present application.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which the court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the bail application may be heard expeditiously.
Considering the aforesaid alternative prayer made by the learned counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the bail application of the applicant shall be considered and decided by the concerned court taking into view the settled legal position in this regard.
For a period of 30 days from today or till the date of appearance of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
The application is disposed of accordingly.
Order Date :- 21.1.2021 Shahroz (Dr. Y.K. Srivastava,J.)