Court No. - 80
Case :- APPLICATION U/S 482 No. - 26834 of 2021 Applicant :- Upendra Dutta Opposite Party :- State Of U.P And Another Counsel for Applicant :- Namman Raj Vanshi 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 charge- sheet dated 21.12.2020 and entire proceedings of Criminal Case No. 1113 of 2021 (State Vs. Upendra Dutta), arising out of Case Crime No. 127 of 2020, under Sections 406, 420 IPC, Police Station Salempur, District Bulandshahar, pending in the court of Judicial Magistrate, Bulandshahar.
As per the allegations made in the FIR, it is alleged that the applicant, on the pretext of getting Vibhu, son of opposite party no.2 selected as a guest player in UPCA, has taken a sum of Rs.5,00,000/-, however subsequently, failed to get him selected. On being asked to return the money, he has refused to return the same.
Learned counsel for the applicant has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, entire proceedings be quashed.
Per contra, learned AGA has submitted that from perusal of the allegations made in the FIR and material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
From 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. Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC.
At this stage, only prima facie case is to be seen in the light 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the charge-sheet as well as entire proceedings is therefore refused.
However, it is directed that if the applicant appears before the court below and applies for bail, his prayer for bail be considered and disposed of expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 20.12.2021 Nadim