Court No. - 53 Case :- APPLICATION U/S 482 No. - 25609 of 2010 Petitioner :- Vishnu Prabhakar Mishra Respondent :- State Of U.P. & Another Petitioner Counsel :- P.C. Srivastava Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
This is a petition under section 482 of the Code of Criminal
Procedure for quashing the proceeding of Case No. 4776 of
2008 (State v Vishnu Prabhakar Mishra) arising out of Case
Crime No. 6 of 2008, under sections 409, 420, 467, 468, 471
and 120-B IPC pending in the court of the I-Additional Chief
Judicial Magistrate, Mirzapur.
Heard the learned counsel for the applicant and the learned
AGA and perused the record.
The learned counsel for the applicant submitted that in the
FIR as well as in the enquiry report there is no allegation
against the applicant except that he was negligent in
ensuring the recovery. The entire allegation has been made
against the co-accused Radhey Shyam Tripathi.
The learned AGA on the other hand submitted that during
the investigation complicity of the applicant has been stated
by certain witnesses, according to which the applicant
appears to have hatched a conspiracy with the main
accused Radhey Shyam Tripathi.
The Investigating Officer, on completion of the investigation,
found sufficient materials against the applicant and
accordingly submitted the charge sheet. The learned
Magistrate has taken cognizance of the offences. The
materials collected during the investigation fully justify
submission of the charge sheet by the investigating officer
and taking of cognizance by the Magistrate. There does not
appear to be any justification to exercise inherent power
under section 482 CrPC.
The learned counsel for the applicant further submitted that
the applicant, being a law abiding citizen, wants to appear
before the courts below to seek bail, therefore, he may be
provided some interim protection.
It is, therefore, provided that if the applicant Vishnu
Prabhakar Mishra appears before the courts below and
applies for bail within one month from today his bail prayer
in the aforesaid case shall be considered and disposed of
by the courts below in the light of the principles laid down in
the case of Lal Kamlendra Pratap Singh versus State of U.P.
& others (2009) 4 SCC 437.
Till the surrender of the applicant before the Court or expiry
of the aforesaid period of one month, whichever is earlier,
the applicant shall not be arrested.
The learned counsel for the applicant submitted that the
applicant wants to move application for discharge in the
court. If any such application is moved the same may be
considered and disposed of in accordance with law.
With the aforesaid observations, the petition under section
482 CrPC is disposed of.
Order Date :- 13.8.2010
shailesh