Court No. - 1
Case :- APPLICATION U/S 482 No. - 29127 of 2018
Applicant :- Ramsahay
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeshver Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeshver Mishra, learned counsel for the applicant and Sri Prabhash Pandey learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned chargesheet dated 11.10.2017 as well as entire proceeding of Criminal Case No.34/129 of 2017 (State vs. Ram Charan Singh and others) pending in the court of learned Special Judge, Prevention of Anti Corruption Meerut arising out of Case Crime No.24 of 2008 under Sections 409, 420, 467, 468, 471 IPC, PS- Pinahat, District Meerut as well as order of cognizance dated 17.10.2017 passed by the learned court below.
The contention of learned counsel for the applicant is that the petitioner is suffering from mental disorder but no document explaining the same has been annexed and only vague averment has been made in paragraph-11 of the affidavit. It is further stated that as per Adhaar Car, the applicant is 85 years of age. It is further contended no offence against the applicant is disclosed and the 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 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 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 prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, the court below while considering the bail application of the applicant shall consider the age of the applicant, if the applicant moves bail application before the court below within three weeks from today.
With the aforesaid direction, this application is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 23.8.2018 Deepika