Jiya Shankar v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39063 of 2023 Applicant :- Jiya Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupa Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and the learned AGA appearing for the State.

¶2The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 03.12.2018 and cognizance order dated 18.03.2019 as well as the entire proceeding of Case No.1496 of 2019, arising out of Case Crime No.0190 of 2018, under Sections 419, 420, 467, 468, 471, 506 IPC IPC, Police Station Vindhyachal, District Mirzapur.

¶3It is submitted by the learned counsel for the applicant that the F.I.R. was lodged on the basis of false facts and also on the basis of malice. .

¶4On the other hand, learned AGA has opposed the prayer.

¶5Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

¶6Hence, it is directed that in case the applicant moves an application for bail within four weeks from today, the same shall be considered and decided in view of the settled law. For a period of four weeks from today, no coercive action shall be taken against the applicants.

¶7With the above observations, the application stands disposed of. Order Date :- 8.11.2023 Sanjeet High Court of Judicature at Allahabad