Allahabad High Court
Ganga Prasad vs State Of U.P. And Another on 8 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 25091 of 2019
Applicant :- Ganga Prasad
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Bharat Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.P. Singh, learned counsel for the applicant, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet dated 18.4.2019 and the entire proceedings with regard to Case No.452 of 2019, arising out of Case Crime No.23 of 2019, under Sections 420, 467, 468 and 471 IPC, P.S. Sehramu South, Shahjanpur, pending in the Court of Judicial Magistrate-1st Shahjahanpur and also a prayer is made to stay the proceedings in this case till the disposal of this application.
The learned counsel for the applicant has argued that the FIR has been lodged after two years from the date of execution of will. The will has been executed by the husband of opposite party no.2 voluntarily there was no other person who was made to stand in his case for execution of will deed. The mutation proceedings were not contested by the opposite party no.2 and the said property has now been mutated in favour of applicant. No suit for cancellation of the will so far has been moved. Hence, this being a malacious prosecution, the proceedings needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet.
I have gone through the FIR. As per FIR, the allegation is that some other person was made to stand in place of Shiv Prasad (husband of the opposite party no.2) for getting will executed of his property. After investigation the police have submitted the charge sheet. The statement of witnesses recorded by the I.O. cannot be disbelieved at this stage in proceedings under Section 482 C.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicants. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant would be considered and decided in accordance with law. 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 aforesaid direction, this application is finally disposed of.
Order Date :- 8.7.2019/Neeraj
