Sarvesh @ Changa v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 42695 of 2023 Applicant :- Sarvesh @ Changa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash impugned order dated

30.10.2023 and its subsequent order passed by Additional Session Judge, VIIth Shahjahanpur in Session Trial No.0177 of 2018 Case Crime No. 0736 of 2016 (State Vs. Sarvesh Kumar @ Changa), under Sections 272 I.P.C. & 60 (2) U.P. Excise Act, Police Station Nigohi, District Shahjahanpur.

¶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 applicant.

¶7With the above observations, the application stands disposed of. Order Date :- 22.11.2023/Imtiyaz High Court of Judicature at Allahabad