Court No. - 53 Case :- APPLICATION U/S 482 No. - 24296 of 2007 Petitioner :- Umesh Chandra Srivastava Respondent :- State Of U.P. & Another Petitioner Counsel :- Bajrang Bahadur Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard Mr. Ranjeet Saxena for the applicant and the learned AGA for the
respondent no.1 and perused the record.
Counter affidavit and rejoinder affidavit have been exchanged.
The application for impleadment of constable Ajay Singh and Inspector B.D.
Singh is rejected as they are not in any way necessary parties.
Mr. Ranjeet Saxena the learned counsel for the applicant submitted that it was
not the duty of the applicant to prepare the pay bill of the respondent no.2.
Moreover the respondent no.2 was liable to pay certain dues, therefore, pay
bills could not be prepared without the payment of dues. It was next submitted
that the son of the respondent no.2 is a constable who managed the trap and
got implicated the applicant in this case. In a petition under section 482
Cr.P.C. the defence version cannot be looked into. It is for the trial to consider
the defence version at the appropriate stage. Therefore, the entire criminal
proceeding cannot be quashed on the basis of the defence story.
From the material collected during the investigation, a prima facie case is
made against the applicant, therefore, the application under section 482
Cr.P.C. has no merit and is liable to be dismissed.
Mr. Ranjeet Saxena further submitted that the applicant is presently posted in
the District Fatehpur and the trial is pending at Varanasi, therefore, the
personal appearance of the applicant may be exempted during the trial.
No direction for granting exemption to the applicant from appearing in the
court concerned can be issued by this court under section 482 Cr.P.C. It is
open to the applicant to move an appropriate application before the court
concerned for exemption from personal attendance. If any such application is
moved, the same shall be considered and disposed of keeping in view the
principles laid down by the Apex Court in the case of Bhaskar Industries
Ltd. Vs. Bhiwani Denim and Apparels Ltd. (2001) 7 SCC 401.
With the aforesaid observations, the petition is finally disposed of.
Order Date :- 3.8.2010
MTA