Court No. - 38
Case :- APPLICATION U/S 482 No. - 16432 of 2019 Applicant :- Rishi Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of the present application under section 482 Cr.P.C, the applicant has filed this application with a prayer to quash the charge sheet No.312 of 2017 dated 11.11.2017 submitted by police of police station Hari Parwat, in case crime No.567 of 2015, under sections 406, 506 I.P.C as well as cognizance order dated 8.1.2018 passed by Chief Judicial Magistrate, Agra (State vs. Rishi Gupta).
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. There is no documentary proof regarding transaction of such huge money produced by the investigating officer in the charge sheet. The investigation has been conducted in cursory manner and the charge sheet submitted without any evidence. The matter is totally a civil nature dispute.
Learned A.G.A. has vehemently opposed the prayer made by the learned counsel for the applicant and submitted that this is a matter of cheating, forgery and embezzlement of Rs.72 lacs.
Hon'ble Supreme Court in State (NCT of Delhi) Vs. Shiv Kumar Yadav (2016)1 SCC (Crl) 510, has held that 'the power of judicial superintendence under Article 227 of the Constitution and Section 482 Cr.P.C has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court.'
From perusal of material available on record, it cannot be said that no offence is made out against the applicant. All the submissions made by the learned counsel for the applicant relates to disputed question of fact which can be raised before the court below at appropriate stage. It is not a case of abuse of process of law or of gross injustice.
Accordingly, in view of the above, the prayer for quashing the charge sheet No.312 of 2017 dated 11.11.2017, submitted by police of police station Hari Parwat, in case crime No.567 of 2015, under sections 406, 506 I.P.C as well as cognizance order dated 8.1.2018 passed by Chief Judicial Magistrate, Agra (State vs. Rishi Gupta) is refused.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 G.S