Court No. - 15
Case :- APPLICATION U/S 482 No. - 26656 of 2017 Applicant :- Ranjan Mondal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sant Sharan Upadhyay,Sadhna Upadhyaya Counsel for Opposite Party :- G.A.,Atul Srivastava
Hon'ble Umesh Chandra Tripathi,J.
Heard Mrs. Sadhna Upadhyaya, learned counsel for the applicant, learned A.G.A., for the State and Sri Atul Srivastava, learned counsel for the opposite party No. 2. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the chargesheet No. 2361 of 2009 dated 15.5.2017 as well as entire proceedings of Criminal Case No. 16527 of 2017 arising out of Case Crime No. 2361 of 2009 under Sections 498-A, 323, 504 IPC, Police Station Indirapuram, District Ghaziabad.
Learned counsel for the applicant contended that from perusal of the record, no offence is made out against the applicant and the present prosecution has been instituted with a malicious intention for the purposes of harassment. After investigation, police has submitted final report. Opposite party No. 2 (Smt. Runa Mondal) has presented an application before the Investigating Officer to withdraw the case. However, mediation has failed between the parties.
Learned A.G.A.,for the State as well as learned counsel appearing for the opposite party No. 2, have opposed the prayer made and submissions thereof advanced by learned counsel for the applicant and contended that the material on record was sufficient justifying filing of charge sheet in the aforesaid case.
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 in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the charge sheet and the entire proceedings in the aforesaid case is refused.
However, it is directed that if applicant applies for bail, the same shall be disposed of on the same day, on which he shall be taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.
For a period of 60 days or till application for surrender on behalf of applicant is presented before the court, whichever is earlier, no coercive action shall be taken against the applicant.
Consequently, this application stands disposed of. Order Date :- 26.11.2018 Jaswant