Court No. - 43
Case :- APPLICATION U/S 482 No. - 28180 of 2018 Applicant :- Ramashish Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jainendra Kumar Rai,Bholeshwar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 564 of 2016 (Shiv Murat Vs. Ramashish), under Section 420 IPC, P.S. Muhammadabad, District Ghazipur, pending in the Court of Civil Judge (Junior Division) / Judicial Magistrate, Muhammadabad, Ghazipur as well as summoning order dated 20.9.2017.
The allegation against the applicant is that on 20.8.2012, he had taken Rs.2 lacs from O.P. no.2 on the assurance that he would be placed as a Clerk in the Tehsil, but no such appointment was extended, applicant is liable to be prosecuted under Section 420 IPC.
It is submitted that no offence against applicant is disclosed, present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the materials 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 applicant. 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 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence cannot be considered at this stage.
The prayer claimed is refused. The application is
dismissed.
However, if applicant appears and surrenders before the court below within six weeks from today and applies for bail, the court below, while considering his bail, shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of six weeks from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 24.8.2018 N.S.Rathour