Jagan Lal vs State Of U.P. And Another
2023 Latest Caselaw 21394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160095
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 28914 of 2023
 

 
Applicant :- Jagan Lal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shailesh Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J. 

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.89 of 2023 dated 02.04.2023, cognizance/summoning order dated 12.06.2023 as well as entire proceedings of Case No.4233 of 2023 arising out of Case Crime No.055 of 2020 (State vs. Jagan Lal and others), under Sections 420, 409, 465, 120-B I.P.C., PS Amroha Dehat, District Amroha, pending in the Court of Civil Judicial Magistrate, Amroha.

3. Learned counsel for the applicant submits that the applicant is officiating Principal and opposite party no.2 is Lecturer of the institution. On malafide intention, present F.I.R. has been lodged against the applicant. Learned counsel for the applicant submits that instant F.I.R. does not disclose any offence under alleged sections. All allegations are false and without support of any evidence. The applicant has challenged the F.I.R. and Hon'ble Court by order dated 05.03.2020 stayed the arrest of the applicant till submission of police report. However, in the enquiry report, no evidence found against the applicant.

4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicant and submits that submission raised by applicant's counsel are disputed question of facts, as such, the same cannot be examined at this stage and there is allegation of financial irregularities and embezzlement of Rs.21 lacs. Cognizance order is just and proper.

5. Considered the arguments raised by learned counsel for the applicant and perused the entire records. Submissions raised by learned by learned counsel for the applicant are disputed question of facts and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

6. In view of the above, in the light of judgment of the Apex Court in the matters 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

8. However, if the applicant moved discharge application before the court below, then the court below shall decide his application expeditiously, in accordance with law.

Order Date :- 9.8.2023

SKD