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2016 DIGILAW 1867 (ALL)

Avneesh Kumar v. State of U. P.

2016-05-13

OM PRAKASH VII

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JUDGMENT Om Prakash-VII,J. Heard learned counsel for the applicant and the learned AGA appearing for the State. 2. This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet no. 222 of 2008 dated 2.9.2008 as well as proceedings of criminal case no. 1700 of 2014 (Sate Vs. Avneesh Kumar) arising out of crime no. 512 of 2012, under Sections 419, 420, 467, 468 IPC and Section 25/27 Arms Act, Police Station Bewar, district Mainpuri pending in the court of Chief Judicial Magistrate, Mainpuri. 3. It is submitted by the learned counsel for the applicants that the FIR has been lodged on false grounds while the applicant had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of the contention. 4. Learned A.G.A. has opposed the prayer. 5. From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. 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 the Hon'ble 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 made in the application is refused. 6. However, the application is disposed of with a direction to the applicant to surrender before the court below within 15 days from today. For a period of 15 days from today, no coercive action shall be taken/given effect to against the applicant. 7. In case of default, the court below will be at liberty to take all the coercive steps against the applicant for ensuring his/her appearance. With the above observations, the application stands disposed of.