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Ashutosh Awasthi And 2 Ors vs State Of U.P. And Another on 19 November, 2019


?Court No. – 74

Case :- APPLICATION U/S 482 No. – 41598 of 2019

Applicant :- Ashutosh Awasthi And 2 Ors

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

Counsel for Applicant :- Upendra Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

Heard learned counsel for the applicants and the learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet, cognizance order dated 3.7.2019 as well as the entire proceedings in Case No. 3813 of 2019, arising out of Case Crime No.106 of 2018, under Section 406 IPC and 3/4 D.P. Act, Police Station Raja Ka Rampur, District Etah pending before the Additional Chief Judicial Magistrate, Court No. 17, Etah.

It is submitted by the learned counsel of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicants. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicants pointed out certain documents and statements in support of his contention.

Learned AGA has opposed the prayer.

I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.

As is evident, all the submissions made at the bar 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 a prima facie case is to be seen in the light of the law laid down by Supreme Court in the 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. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicants are not made out. Hence, prayer made in the application is refused.

In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicants be given.

Hence, it is observed that in case applicants surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.

It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.

With the aforesaid observations, the application stands disposed of.

Order Date :- 19.11.2019/safi



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