Court No. - 48
Case :- APPLICATION U/S 482 No. - 43660 of 2018 Applicant :- Reetu Verma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Sanjay Singh, advocate on behalf of opposite party no.2 is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the opposite party no.2 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 further proceedings of Special Case No. 127 of 2017 (State Vs. Reetu Verma) arising out of Crime No. 288 of 2016 under Sections 363, 342 IPC and 7/8 POCSO Act, Police Station Deoband, District Saharanpur pending in the Court of Addl. District Judge, Court No.8, Saharanpur. 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 FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of his contention.
Learned AGA as well as learned counsel for the opposite party no.2 have opposed the prayer.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 made in the application is refused.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 30.1.2019 / ss