Court No. - 27 Case :- APPLICATION U/S 482 No. - 1830 of 2010 Petitioner :- Yogesh Pal Respondent :- State Of U.P. And Another Petitioner Counsel :- Rajeev Nayan Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
The applicant has filed this application under Section 482 of the Code
of Criminal Procedure to quash the Charge Sheet dated 12.04.2006 as
well as the proceedings of case no. 3050 of 2006, case crime no. 179 of
2005 under Section 419, 420, 467, 468, 471 I.P.C., Police Station
Chetgunj, District Varanasi, pending in the Court of Chief Judicial
Magistrate, Varanasi.
The learned counsel for the applicant argued that the Charge Sheet has
been Submitted without collecting proper evidence and as such is liable
to be quashed. It has also been argued that no offence against the
applicant is disclosed and the present charge sheet has been filed with
malafide intentions and to harass the applicant.
The learned A.G.A. on the other hand argued that Charge Sheet has
been filed after proper investigation and after collecting sufficient
material making out prima facie case against the applicant.
I have considered over the argument and also perused the papers. A
perusal of the material collected by the investigating officer makes it
clear that at this stage it cannot be said that no offence is made out
aginst the applicant. The submissions made by the learned counsel for
the applicant relate to the dispute questions of fact which cannot be
adjudicated upon by this court in an application moved under Section
482 of the code of criminal procedure. At this stage only a prima facie
case has to be seen as has been observed by Hon’ble the Supreme Court
in the following cases:
I. R.P. Kapur Vs. State of Punjab, A.I.R. 1960 SC 866.
II. State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426.
III.State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192.
In the light of the above said judgments of the Apex Court it is clear
that the defence of the accused cannot be considered at this stage.
Moreover the applicant has a right of discharging under Section
230/227/228 Cr.P.C., as the case may be, by making a proper
application for the said purpose containing therein his submissions with
regard to his discharge.
The prayer for quashing the Charge Sheet or the proceedings as
mentioned above is hereby rejected.
However, the learned Lower Court is directed that after the applicant
surrenders in the Court within three weeks from today his bail
application shall be disposed of in the light of the judgment passed by 7
judges Bench of this Court in Amarawati and another Vs. State of
U.P. 2005 Cr.L.J. 755 as approved by the Apex Court in Lal
Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.
Order Date :- 3.2.2010
Mustaqueem Ahmed