Court No. - 82
Case :- APPLICATION U/S 482 No. - 28838 of 2019 Applicant :- Satya Prakash Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Ajatshatru Pandey, learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed under section 482 Cr.PC with request to quash the summoning order dated 13.04.2015 passed by the learned ACJM, Court no. 5, Allahabad as well as the entire proceedings of Case no. 262 of 2015 (State Vs. Satya Prakash Mishra) arising out of case crime no. 112 of 2013, under section 342, 406, 419, 420, 504, 506 IPC, Police Station Atarsuiya, District Allahabad, pending in the court of ACJM, Court No. 1, Allahabad.
Submission of learned counsel as per the contention in the application is that Vandana Pandey younger daughter of informant was trying to get a job on the basis of dying in harness rules in place of her father and for that purpose she used to visit the Police Headquarter occasionally. During visit to Police Headquarter she met with one Satya Prakash Mishra, as he assured her that his father was Circle Officer in the police Department, so he will help to provide job to her on the basis of dying in harness rules in the department. In the year 2010 in the Excise Department, vacancy of clerk was advertised, in which, Vandana Pandey had applied and further the applicant assured her that he will help her to get the aforesaid job, but for that about Rs. 3,50,000/- has to be arranged by her. Thereafter on 25.01.2011, 28.01.2011, 25.02.2011 and 14.02.2011 Rs.
3,50,000/- was given by Vandana Pandey to the accused, but when the result of Excise Department for the post of clerk was declared then the name of Vandana Pandey was not there, so the first informant had asked the accused to return her money back and thereafter two cheques amounting Rs. 2,00,000/- and Rs. 1,50,000/- was given by the accused to the first informant, but the same was bounced and after some time on 17.08.2012, the accused had returned Rs. 50,000/- in cash and balance money was not paid by him.
The submission of learned counsel is that the entire allegations levelled against the applicant in the FIR are false, frivolous, fictitious, baseless and he is totally innocent and has been falsely implicated in the present case. Further submission is that opposite party no. 2 herself gave money to some one else and the applicant was simply a mediator and when the work was not done, then the informant started pressurizing the applicant to return her money as the applicant said that the money had been given to third person, but the opposite party no. 2 asked the applicant to return her money. In good faith he returned Rs. 1,00,000/- which was admitted by the opposite party no. 2 in her statement which was given to the Investigating Officer.
Admittedly, the FIR was lodged by opposite party no. 2 and the same was investigated by the police and a charge-sheet was submitted in the court on 09.12.2014 for the aforesaid offence and cognizance taking order was passed on 13.04.2015. It appears that several dates were fixed since then and it also appears from the perusal of the certified copy of the order-sheet that at present NBW has been issued on 28.01.2018 and the same is continuing and the last date which finds mention in the order sheet is 20.06.2019. It also appears that despite that, proceedings have been issued and the cognizance has been taken after filing of the charge-sheet, the applicant has not yet appeared before the learned court below as such there is no ground for quashing the summoning order and the entire proceedings and the application has got no force. The application under section 482 Cr.P.C. is therefore, dismissed.
It is however, observed that in case within 30 days from today if, applicant appears before the court below and file bail application, the same shall be heard expeditiously and disposed of in accordance with law preferably on the same day. For these 30 days, no coercive action shall be taken against the applicant.
Order Date :- 25.7.2019 Bhanu