Court No. - 40
Case :- APPLICATION U/S 482 No. - 21164 of 2019 Applicant :- Surya Bali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the chargesheet dated 14.12.2018 as well as the entire criminal proceedings of Criminal Case No.187/19, Case Crime No. 205 of 2018 under Sections 419, 420 IPC, Police Station Kotwali Chunar, District Mirzapur pending before the Court of Judicial Magistrate, Mirzapur As per the allegations made in the FIR it is alleged that certain irregularities were committed in the purchase of wheat at the Centre where the applicant is posted at Centre Incharge. On the basis of the FIR, police thoroughly investigated the matter and submitted the chargesheet against the applicant under Sections 419, 420 IPC on which the learned Magistrate has taken cognizance vide order dated 16.1.2019 and summoned the applicant to face trial.
From the perusal of the allegations made in the FIR and material collected during the course of investigation, at this stage it cannot be said that no offence is made out against the applicant. 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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the summoning order is refused.
However, it is directed that if the applicant appear and surrender before the court below within thirty days from today and apply for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicant surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 4.6.2019 Deepika