Court No. - 24
Case :- APPLICATION U/S 482 No. - 8462 of 2003 Applicant :- Vinod Kumar Agrahari Opposite Party :- State Of U.P. & Others Counsel for Applicant :- Namwar Singh,Sanjiv Singh Counsel for Opposite Party :- Govt. Advocate,Kamal Kishore Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned AGA.
This application seeks quashing of the proceedings in Criminal Case No. 9449 of 2002 State of U.P. Vs. Vinod Kumar Agrahari alleging commission of offences under Sections 348,384,504,506 IPC arising out of Charge sheet No. 408 of 2002, Case Crime No. 1084 of 2002, Police Station Cantt. District Gorakhpur.
It is averred that the impugned proceedings have been instituted by and at the instance of the opposite party No. 3 who was employed with the applicant as Munim and has lodged the FIR in question as a counter blast to the criminal prosecution launched on allegations of embezzlement of Rs. 18 lakhs. However, the Court notes through the counter affidavit filed in these proceedings that the victim was kidnapped and had duly stated before the police authorities under Section 161 Cr.P.C. that he was abducted by the applicant and others and the allegations so levelled have also been corroborated by the statements of other individuals which were recorded during the course of investigation. In view of the above, the Court cannot come to conclude that prima facie commission of offences is not evidenced.
The application is dismissed.
Order Date :- 27.7.2018 LA/-