Court No. - 53
Case :- APPLICATION U/S 482 No. - 32935 of 2018 Applicant :- Shailesh Kumar Maurya Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Awanish Shukla, learned AGA for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the charge-sheet no.75 of 2016 dated 20.02.2016 as well as the entire proceedings of Case No.2802 of 2016 (State Vs. Shailesh Kumar Maura) (arising out of Case Crime No.740 of 2014), under Sections 406, 417, 420, 468 and 471 IPC, Police Station-Cantt, District-Gorakhpur, pending in the Court of Chief Judicial Magistrate- Gorakhpur.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicant, on the basis of which the impugned charge sheet can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrender before the court below within 45 days from today and apply for bail, his 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
For a period of 45 days from today or till the applicant surrenders 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, the application is finally disposed of.
Order Date :- 19.9.2018 Neeraj