Court No. - 79
Case :- APPLICATION U/S 482 No. - 43011 of 2019 Applicant :- Vipat Yadav Alias Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Case no. 663 of 2018, arising out of Case Crime no. 118 of 2017, under Sections 420, 467, 468 and 471 I.P.C., P.S. Shivpur, district-Varanasi, pending in the court of Addl. Chief Judicial Magistrate, court no. 6, Varanasi as well as chargesheet dated 30.7.2017 and cognizance order dated 19.1.2018.
The contention of learned counsel for the applicant is that the applicant is an old person of 75 years of age he has admitted that the applicant has sold only 680 square feet of land to the opposite party no. 2 and the second alleged sale-deed of 397 sqare feet was never executed by the applicant and the police has submitted charge-sheet on the wrong facts.
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 applicants. 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got right of discharge under Sections 239 or 227 and 245 as the case may be through a proper application for the said purpose raising all the grounds/grievances which have been taken in this application or which may have been taken within 30 days and the trial court shall decide the discharge application within two months from its filing by passing a speaking and detailed order.
The prayer for quashing the proceeding as well as chargesheet and cognizance order is refused.
However, it is directed that in case the applicant appears and surrender before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law after hearing the public prosecutor.
For a period of 30 days from today, no coercive action shall be taken against the applicants. 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 :- 28.11.2019 Faridul