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Manoj Kumar Agarwal vs State Of U.P. And Another on 17 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 86

Case :- APPLICATION U/S 482 No. – 1847 of 2020

Applicant :- Manoj Kumar Agarwal

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

Counsel for Applicant :- Anil Kumar Verma

Counsel for Opposite Party :- G.A.

Hon’ble Ali Zamin,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 16.08.2018 as well as entire proceeding of case no.2549 of 2019 (State vs. Manoj Kumar) arising out of case crime no.234 of 2017, under Section 406 IPC, P.S. Fazalganj, District Kanpur Nagar, pending in the Court of CMM, Kanpur Nagar.

Learned counsel for the applicant submits that applicant is a franchise of opposite party no.2. In the agreement there is arbitration clause that if any dispute arises between them then it shall be decided by way of arbitration but malafidely opposite party no.2 has lodged the FIR to the aspect that the applicant had taken money from Irfan Khan, Mukesh and Raj Kumar but the installment amount recovered from them has not been deposited by the applicant.

Per contra, learned A.G.A. has opposed the prayer of the applicant by contending that if any dispute between the applicant and opposite party no.2 arises with regard to franchise an arbitration clause has been incorporated in the agreement but here the matter is that applicant had recovered installment amount from the named persons in the FIR which has not been deposited, therefore, the matter is not covered from the agreement clause. After investigation, the matter has been charge sheeted also against the applicant.

In view of submission of learned counsel for the parties, fact and circumstances of the case, it can not be said that no offence is made out. In the above background, the application under Section 482 Cr.P.C. is misconceived, therefore, the prayer for quashing the charge sheet dated 16.08.2018 as well as entire proceeding of case no.2549 of 2019 (State vs. Manoj Kumar) arising out of case crime no.234 of 2017, under Section 406 IPC, P.S. Fazalganj, District Kanpur Nagar, pending in the Court of CMM, Kanpur Nagar, is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of 30 days from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against her.

With the aforesaid observations/directions, application under Section 482 Cr.P.C. is finally disposed off.

Order Date :- 17.1.2020

m.a.

 

 

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