Court No. - 72
Case :- APPLICATION U/S 482 No. - 7472 of 2019 Applicant :- Tika Ram Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application with the prayer to quash the entire proceedings of Criminal Case No.2761 of 2018, arising out of Case Crime No.121 of 1998 (State vs. Tilakram Sharma) under Sections 409, 201 IPC, P.S. Aurangabad, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate-II, Bulandshahar. Further prayer has also been made to quash the Non-Bailable Warrant issued against the applicant.
Learned counsel for the applicant submits that after retirement in the year 2008, he is living with her sole daughter whose husband is in transferable job and due to this reason, his address is frequently changed. Due to this reason, he was having no information about the process taken by the trial court. He further submits that applicant is 65 years old age and suffering from eye disease also. He also submits that the case against the applicant is frivolous and based on vague sets of facts and there is no credible evidence against him.
Learned A.G.A. for the State has vehemently opposed the prayer of learned counsel for the applicant.
From the perusal of the material on record and looking into the facts of the case 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. Prayer for quashing the entire proceedings is hereby rejected.
After considering the facts and circumstances of the case, I do not find any good ground to quash N.B.W. issued against the applicants also. However, in the interest of justice, N.B.W. is kept in abeyance for 20 days from today. During this period, the applicant may approach the trial court with a proper application. If the same is done, then the same would be decided expeditiously in accordance with law.
In the event of failure, as directed above, the court below shall be at liberty to take all coercive action against the applicant for ensuring his presence before court concerned.
With the aforesaid directions, the 482 Cr.P.C. application is disposed of.
Order Date :- 28.2.2019 Rishabh
(Saurabh Shyam Shamshery, J.)