Court No. - 12
Case :- APPLICATION U/S 482 No. - 42315 of 2018
Applicant :- Sanjay Singh
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Girish Kumar Gupta,Suneeta Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.12.2017 as well as the entire proceedings of Case No. 244 of 2018 (State Vs. Ram Dhani Patel and others), arising out of Case Crime No. 579 of 2017, under Sections- 427, 504, 506 I.P.C., Police Station- Manduadeeh, District- Varanasi, pending in the court of Judicial Magistrate- II, Varanasi.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. His name has been surfaced for the first time in the statement of complainant and charge sheet has been filed against him without properly examining the evidence.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. 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 Supreme Court in 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. Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 and lastly Amanullah and another Vs. State of Bihar and others, 2016(6) SCC 699.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicant to appear before the court below through counsel to move discharge application and till the disposal of discharge application, no coercive action may be taken against the applicant.
In fact, it is always open for the applicant to move application in accordance with the provision of Cr.P.C. and no liberty is required from the Court.
However, the application is disposed of with a direction to the court below that in case the applicant appears before the court below through counsel within four weeks from today and moves a discharge application, the same shall be considered and decided in accordance with law within a period of two months thereafter. Till the disposal of discharge application, no coercive action shall be taken against the applicant.
It is made clear that in case the applicant does not file discharge application within the aforesaid period, it is open for the Court to proceed in accordance with law.
Order Date :- 27.11.2018 Sartaj