Court No. - 45 Case :- APPLICATION U/S 482 No. - 947 of 1994 Petitioner :- Virendra Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Satya Prakash Respondent Counsel :- A.G.A. Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent.
The present 482 Petition has been filed for quashing of the charge sheet dated
06.02.1991 filed in case No. 641 of 1991 under sections 420, 467, 468, 471
I.P.C. pending before the 3rd A.C.J.M., Mathura and also for quashing of the
order dated 01.12.1993.
It is contended by learned counsel for the applicant that no such incident as
alleged has taken place and the present criminal prosecution has been initiated
against the applicant by the opposite party only for harassing the applicant.
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
applicant. All the submission made at the bar relates to the disputed question
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 Section 239 or 227/228, Cr.P.C. as the case may through a proper
application for the said purpose and they are free to take all the submissions in
the said discharge application before the Trial Court.
The prayer for quashing the charge sheet is refused.
However, it is provided that if the applicant appears and surrenders before the
court below within 30 days from today and apply for bail, then his prayer for
bail shall be considered in view of the settled law laid down by this Court in
the case of Amrawati and another Vs. State of U.P. reported in 2004 (57)
ALR 290. For a period of 30 days from today or till the disposal of the
application for grant of bail whichever is earlier, no coercive action shall be
taken against the applicant. However in case the applicant does not appear
before the Court below within the aforesaid period, coercive action shall be
taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.8.2010
yachna