Court No. - 40
Case :- APPLICATION U/S 482 No. - 22084 of 2019 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet dated 105- A/2018 dated 10.10.2018 and cognizance order dated 10.10.2018 as well as entire proceedings in Criminal Case No. 1397 of 2018 (State Vs. Sandeep Kumar & another) arising out of Case Crime No. 62 of 2018, under Sections 420, 120-B, 34 IPC, P.S. Sector- 24 Noida, District- Gautam Budh Nagar pending in the court of Addl. Chief Judicial Magistrate-I, Gautam Budh Nagar.
It is alleged in the first information report that on 23.1.2018 on the basis of an Aadhar Card, the applicant made an attempt to get medical aid, however the said Aadhar Card is forged and fictitious document, on the basis of which the first information report was lodged against the applicant. The police after investigation submitted charge sheet against the applicant, on which learned Magistrate has taken cognizance on 10.10.2018.
From the allegations made in the first information report and the material collected during the course of investigation, it cannot be said that prima facie no offence is made out against the applicant, as such impugned charge sheet cannot be quashed. 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 the 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 for quashing the proceedings of the aforementioned case is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and apply for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.6.2019 KU