Court No. - 73
Case :- APPLICATION U/S 482 No. - 17450 of 2019 Applicant :- Sonu Khan Opposite Party :- State Of Up And Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 05.09.2012, in Case Crime No. 90 of 2012, under Sections 394 and 353 of IPC and to quash the further proceeding of Criminal Case No. 4756 of 2012 (State vs. Sonu Khan), P.S. Dashashwmegh, District Varanasi, pending in the court of Additional Chief Judicial Magistrate-IV, Varanasi.
It has been argued by learned counsel for the applicant that no notice was served on the applicant due to which he could not appear before the trial court. No offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
Perusal of the record shows that NBWs are being continuously issued against the applicant since 03.03.2015, but the applicant has not appeared. Even the charge-sheet against the applicant was filed in the year 2012. The contentions raised by the learned counsel for the applicant require appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
Considering the submissions of learned counsel for the applicant, it is directed that in case the applicant surrenders and applies for bail within a period of two weeks from today before the court concerned, the same shall be dealt with expeditiously in accordance with law and appropriate order shall be passed.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 30.4.2019 A. Tripathi