Radhey Shyam Yadav & Another vs State Of U.P. & Another
2017 Latest Caselaw 2811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 22611 of 2017
 

 
Applicant :- Radhey Shyam Yadav & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rakesh Kumar Soni
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet as well as proceedings of criminal case no. 152/9 of 2015 (State Vs. Radhey Shyam Yadav and another ) arising out of crime no.  215 of 2015, under Sections 420, 506  IPC, Police Station Rajabpur, district Amroha pending in the court of 2nd Additional Chief Judicial Magistrate, Amroha. 

It is submitted by the learned counsel for the applicants that the FIR has been lodged on false grounds while the applicant had 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 applicants pointed out certain documents and statements in support of the contention.

Learned A.G.A. has opposed the prayer. 

From a perusal of the material available on record and keeping in view of 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 the Hon'ble 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,  the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. 

In case of default, the court below will be at liberty to take all the coercive steps against the applicants for ensuring their appearance.

With the above observations, the application stands disposed of.

Order Date :- 31.7.2017

Sachdeva