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Amar Singh vs State Of U.P. And Another on 21 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- APPLICATION U/S 482 No. – 2538 of 2020

Applicant :- Amar Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Abhishek Mayank

Counsel for Opposite Party :- G.A.

Hon’ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned A.G.A.

The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 13.06.2018 arising out of Case No. 34/2019 (State Vs. Amar Singh and others), Crime No.133 of 2018 under Section- 406 I.P.C, P.S.- Gonda, District Aligarh pending before Judicial Magistrate, Iglas, Aligarh.

The contention of the learned counsel for the applicant is that applicant is innocent and that FIR of impugned case has been lodged making false and baseless allegations. Applicant was not named in FIR and that the story mentioned in FIR was found false and merely on the basis of imaginary statements, charge sheet has been filed against applicant under Section 406 of IPC. It was submitted that no prima-facie case is made out against applicant. It was further submitted that even the ingredients of Section 406 of IPC are not satisfied.

Per contra learned A.G.A. has opposed and argued that applicant has alternate remedy of moving application for discharge and the in view of statements of witnesses recorded during investigation, it cannot be said that no prima facie case is made out against applicant.

The submissions made by learned counsel for the applicants relate to the disputed questions 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 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 through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The submissions made by learned A.G.A. have force.

The prayer for quashing the proceedings of the aforementioned case and the charge sheet is refused.

However, keeping in view the facts of matter, it is directed that in case the applicant moves an appropriate application for discharge within 45 days from today, the same shall be decided expeditiously in accordance with law. For a period of 45 days from today or in case any such application is moved, till the disposal of such discharge application, no coercive process shall be taken against applicant.

The application is disposed of accordingly.

Order Date :- 21.1.2020

Mohit

 

 

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