HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 75
Case :- APPLICATION U/S 482 No. – 12618 of 2018
Applicant :- Ram Veer Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Awadhesh Kumar Sharma,S.P. Vishwakarma
Counsel for Opposite Party :- G.A.,Surendra Prasad Yadav
Hon’ble Rajiv Gupta,J.
Learned counsel for the applicant has filed rejoinder affidavit today in the Court, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the charge-sheet dated 04.07.2017, cognizance order dated 07.11.2017, B.W. order dated 08.01.2018 as well as the entire proceedings of Criminal Case No.1588 of 2017 (State Vs. Ram Veer Singh) arising out of Case Crime No.1278 of 2017, under Sections 406 I.P.C., P.S. Bansi, District Siddharth Nagar, pending in the court of Judicial Magistrate, Bansi, Siddharth Nagar.
As per the allegations made in the FIR, it is alleged that the applicant had taken a sum of Rs.1,00,000/- from Opposite Party No.2 on the pretext that he will transfer Plot No.69. However, subsequently he turned dishonest and sold the said plot to another person for a sum of Rs.3,50,000/- and on being asked to return back the money, the applicant refused to return back the same.
The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents 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, charge-sheet, impugned orders as well as the entire proceedings cannot be quashed.
From the perusal of the 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 relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon’ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge-sheet, impugned orders as well as the entire proceedings is refused.
However, it is directed that if the applicant appears and surrenders before the court below within forty five days from today and apply 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 SectionAmrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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 forty five days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant do not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application under Section 482 CrPC is finally disposed of.
Order Date :- 3.12.2019