Court No. - 76
Case :- APPLICATION U/S 482 No. - 46397 of 2019
Applicant :- Vaishno Kaushik Alias Rajat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maya Pati Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Maya Pati Pandey, learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of the Criminal Case No. 3247 of 2018/charge sheet dated 24.04.2018, (State Vs. Siddharth Upadhyay and others) arising out of Case Crime No. 73 of 2018, under Sections 420, 468, 406, 504 and 506 I.P.C., Police Station Bansi, District Siddharth Nagar, pending in the court of C.J.M., Siddharth Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
From a 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 at this stage. 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 only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of 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 lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the charge sheet as well as cognizance order is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appear 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.
For a period of 45 days, no coercive measure shall be taken against the applicant in the aforesaid case.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 17.12.2019 Md Faisal