Lalit Sharma vs State Of U.P. And Another
2021 Latest Caselaw 3658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 3456 of 2021
 

 
Applicant :- Lalit Sharma
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mahesh Chandra Rai,Kavindra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Shri Mahesh Chandra Rai, learned counsel for applicant and learned AGA for the State.

This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet dated 23.12.2018, Cognizance Taking Order dated 22.01.2019 as well as summoning order dated 07.03.2019 passed in Case No.9241 of 2019 (State vs. Sandeep Singh and others) arising out of Case Crime No.1273 of 2018 under Sections 188, 336 IPC, P.S.-Vijay Nagar, District-Ghaziabad, pending in the court of ACJM, Ghaziabad.

Learned counsel for applicant contends that in respect of property in dispute, proceedings under Section 26 of UP. Urban Planning & Development Act, 1973, were initiated by Ghaziabad Development Authority against applicant wherein applicant has been acquitted vide judgment and order dated 13.11.2019. By placing reliance upon the findings recorded in aforesaid judgment dated 13.11.2019, it is submitted by learned counsel for applicant that none of the allegations made in the FIR can be said to be established against the applicant. It is then submitted that the investigation is not impartial as the Investigating Officer has not endeavoured to look into the matter in the light of facts stated above. He, therefore, contends that the investigation is tainted and the charge-sheet is liable to be quashed. It is also urged that there is no evidence against applicant.

Per contra, learned A.G.A. has opposed the prayer made in this application. He contends that investigation has been concluded and a charge-sheet has been submitted against applicant.

Having heard learned counsel for the parties, I am of the view that interest of justice shall better be served, in case applicant approaches court-below by moving a discharge application in terms of Section 238 Cr.P.C. In case, discharge application is filed by applicant in terms of Section 238 Cr.P.C., same shall be decided by court below by a speaking and reasoned order, within three months from the date of production of certified/computer generated copy of this order, which shall be filed by applicant before court below by means of an affidavit.

It is further observed that in case any impeccable evidence is filed by applicant before court-below, same shall be considered by concerned Magistrate while deciding the discharge application in view of the judgment of Apex Court in Rajiv Thapar vs. Madan Lal Kapoor; (2013) 3 SCC 330.

For a period of three months from today or till the disposal of discharge application whichever is earlier, no coercive action shall be taken against applicant.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 16.3.2021

LN Tripathi