Court No. - 52
Case :- APPLICATION U/S 482 No. - 20060 of 2020 Applicant :- Ranveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge- sheet as well as the entire proceedings of Criminal Case No.31/418/2020, State Vs. Ranveer Singh arising out of Case Crime No.486 of 2019 under Section 7 of the Prevention of Corruption Act, 1988, Police Station Garh Mukteshwar, District Hapur pending in the court of Addl. Session Judge / Special Judge, Prevention of Corruption Act, Meerut and non-bailable warrant dated 23.7.2020 issued against the applicant. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicant that the applicant was on interim bail. Applicant was arrested on the spot. Recovery is against co-accused Sita Ram. Since applicant had made report regarding the mortgage of the disputed property in the mutation proceedings, the complainant became annoyed and due to that reason, on the basis of false facts, complaint was made before the Anti-Corruption Bureau and thereafter trap was arranged. Applicant has no concern with the present matter. Mutation proceedings has already been dismissed on the basis of report submitted by the applicant. It appears improbable and unbelievable that applicant will demand the money disclosed in the F.I.R. after dismissal of the mutation application. Cognizance taken in the matter is illegal. Learned court below, without considering the entire facts in correct perspective, illegally took cognizance on the charge- sheet and on the same day issued non-bailable warrant.
Learned A.G.A. appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the material brought on record and having considered the submissions made by the learned counsel for the parties, the prayer made in the application is refused.
However, the application is disposed of with a direction to the applicant to surrender before the court below within 30 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of 30 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application stands disposed of.
Order Date :- 5.1.2021 ss