Allahabad High Court
Prem Prakash Singh @ Prem Prakash vs State Of U.P. And Another on 1 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:17665
Court No. - 92
Case :- APPLICATION U/S 482 No. - 2207 of 2024
Applicant :- Prem Prakash Singh @ Prem Prakash
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Punit Kesarwani
Counsel for Opposite Party :- G.A.
Hon'ble Prashant Kumar,J.
1. Heard Shri Abhishek Kumar Saroj, learned counsel for the applicant, Shri Shashidhar Pandey, learned A.G.A. for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing the charge-sheet dated 26-03-2023 as well as summoning order dated 13-09-2023 as well as entire proceedings of Case No. 25701 of 2023 (State Vs. Prem Prakash), arising out of case crime no. 193 of 2022, under Section 3/7 of E.C. Act, P.S. Bhadohi, district Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi.
3. Submission of learned counsel for the applicant is that the applicant is a fair price shop owner and on a raid conducted by Food Supply Inspector, it was found that the stock in the shop does not reconcile with the register. It is further submitted by the learned counsel for the applicant that the opposite party no.2 lodged an F.I.R. under Section 3/7 of E.C. Act on the aforesaid allegations. The Investigating Officer has recorded the statements of Sub Divisional Magistrate, informant Ruchi under Section 161 Cr.P.C. along with other witnesses. Thereafter, a charge-sheet was filed on 26-03-2023 on the basis of which summons have been issued, which the applicant has challenged in the instant application. It is further submitted that the applicant has been falsely implicated in the present case just to pressurize and harass the applicant.The applicant has never committed any offence as alleged against him.
4. From the perusal of material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, 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 disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge before the court below and he is free to take all the submissions in the said discharge application before the trial court.
5. The prayer for quashing the entire proceedings of the above mentioned case is hereby refused.
6. At this stage, learned counsel for the applicant submitted that directions may be given to the court below to consider the bail application of the applicant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
7. In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicant approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).
8. However, considering the nature of the allegations and submissions made by learned counsel for the applicant, it is directed that, in case, the applicant appears and surrenders before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
9. With the above directions, this application u/s 482 is disposed of finally.
Order Date :- 1.2.2024
pks
