Yogesh @ Jogesh vs State Of U.P. And Another
2016 Latest Caselaw 7530 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 36460 of 2016
 

 
Applicant :- Yogesh @ Jogesh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anand Kumar,Pavan Kishore
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Heard learned counsel for the applicant and the learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings of Case No. 232 of 2016 ( State Vs. Kapilesh Pandey and others ) arising out of Case Crime No. 170 of 2016  , under Sections  147, 323, 504, 506, 427, 452 IPC, P.S. Padari, Distt. Mirzapur  pending before A.C. J.M.II/ Fast Tract Court, (S.D.) Distt. Mirzapur.

It is submitted by the learned counsel of the applicant that the FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of his contention.

Learned AGA has opposed the prayer.

From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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 prayer made in the application is refused.

However, it is observed that in case the applicant surrenders before the court below within 30 days from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the applicant.

It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.

With the aforesaid observations, the application stands disposed of.

Order Date :- 13.12.2016

Rahul /-