Allahabad High Court
Rakesh Maurya vs State Of U.P. And Another on 9 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 25102 of 2019
Applicant :- Rakesh Maurya
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard SriDhirendra Kumar Srivastava, learned counsel for the applicants, 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 24.11.2018 as well as the entire proceedings of Crl. Case No. 986 of 2019, Case Crime No.168 of 2018, under Sections 419, 420 IPC, P.S. Lalganj, District Mirzapur and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case; no case is made out in the above mentioned Sections. As per the FIR, the Investigating Officer has filed charge sheet in a routine manner which requires to be quashed as the same is abuse of the process of the Court.
Learned A.G.A. vehemently opposed the prayer for quashing of charge sheet stating that as per FIR, the accused applicant is stated to have purchased the paddy of brokers instead of the farmers and after investigation the charge sheet has been submitted. The statements of the witnesses recorded by the Investigating Officer, cannot bescrutinized in the proceedings under Section 482 Cr.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, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 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 :- 9.7.2019
Meenu
