Court No. - 49
Case :- APPLICATION U/S 482 No. - 19575 of 2018
Applicant :- Sangeeta And Anr
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijai Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 13.04.2017 in Criminal Case No. 4886 of 2017, arising out of Case Crime No. 158 of 2017, under Sections- 420, 406, 506 I.P.C., Police Station- Cantt, District- Gorakhpur, pending before the Chief Judicial Magistrate, Gorakhpur.
Learned counsel for the applicants submits that the dispute between the parties is purely civil in nature arising out of an agreement to sell. Admittedly, the applicants had received Rs. 6 lacs towards execution of sale deed. The FIR allegations appear to be that the applicants neither executed the sale deed nor had returned the money. The applicants relied on a bank account statement of one Sangeeta Devi alleging that the amount of Rs. 6 lacs had been refunded to the opposite party no.2 on 19.01.2017. However, the bank account of the person to whom such amount is claimed to have been refunded is not the opposite party no.2 but someone other, (when the opposite party no.2 is claimed to have authorized to receive that payment). He further states that non bailable warrants have been issued against the applicants.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 30.5.2018 Lbm/-