Court No. - 74
Case :- APPLICATION U/S 482 No. - 3711 of 2021 Applicant :- Sarfaraj @ Faraz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.,Rajesh Kumar Roy Sharma
Hon'ble J.J. Munir,J.
This application has been filed seeking to quash the charge sheet dated 24.11.2020 and entire proceedings of Case No. 752 of 2021 State vs. Sarfraj @ Faraj & others (arising out of Case Crime No. 08 of 2020) under Sections 381, 420, 467, 468, 471, 120-B I.P.C. P.S. Kotwali, District Agra pending in the Court of the learned Special Chief Judicial Magistrate, Agra.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the instanct crime because there were unpaid dues of his wages regarding which he had moved the Deputy Labour Commissioner, Agra Division, Agra vide application dated 19.09.2019. It is made out that thereafter the present FIR giving rise to the impugned proceedings has come to be lodged on 27.02.2020 alleging theft of medicines kept under the charge of the applicant.
In compliance with the earlier orders passed by this Court, Mr. S.S. Tiwari, learned AGA has produced the case diary. There are material on record to show a prima case case against the applicant.
Be that as it may, it is not possible for this Court in exercise of our jurisdiction under Section 482 to judge disputed defence of the applicant. The prayer to quash the proceedings is, accordingly, refused.
However, in case the applicant surrenders before the court below within 45 days from today and applies for bail, the same shall be dealt with both by the Magistrate and the learned Sessions Judge, Agra in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 45 days from today, no coercive action shall be taken against him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
This Court is informed that there is a lockdown in district Agra disrupting judicial work. Whatever the nature of disruption, the person who surrenders to custody, his bail application has to be attended to. The learned Sessions Judge, Agra shall ensure necessary sitting of Court to attend to the applicant's bail application both by the Magistrate and the learned Sessions Judge, if required by the Court of Sessions.
The Application stands disposed of accordingly.
Let this order be communicated to the learned Sessions Judge, Agra by the Joint Registrar (Compliance) by Monday.
Order Date :- 8.4.2021 Deepak