HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 75
Case :- APPLICATION U/S 482 No. – 7279 of 2020
Applicant :- Paras Nath
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Sanjay Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon’ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet No. 34 of 2019 dated 16.1.2019 as well as entire criminal proceedings of Case No. 2358 of 2019 (State Vs. Ram Gopal and others) arising out of Case Crime No. 0009 of 2019, under Section 406 IPC, P.S. Kotwali, District- Maharajganj, pending in the court of Chief Judicial Magistrate, Maharajganj.
As per the allegations made in the first information report and the statement of the victim recorded u/s 161 Cr.P.C, it is alleged that the applicant in connivance with Ram Gopal and Harish Chand had taken a sum of Rs. 10 lacs on the pretext of getting employment, however the applicant could not provide any job and when he was asked to return back the money, the same was not paid back and has been swindled by the applicant.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the 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.
The prayer for quashing the charge sheet as well as proceedings of the aforementioned case is refused.
However, it is directed 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 settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 20.2.2020