Bhagwati @ Bhagyvati v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41810 of 2023 Applicant :- Bhagwati @ Bhagyvati Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Devendra Kumar Patel Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Gajendra Kumar,J.

¶1Heard Sri Devendra Kumar Patel, 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 the charge sheet dated 23.02.2019 as well as order of cognizance dated 15.09.2020 and also N.B.W. dated 01.02.2023 passed in S.S.T. No. 2018 of 2020, arising out of Case Crime No. 27 of 2019 under Section 138-1(b) Electricity Act, Police Station Sachendi, District Kanpur Nagar pending in the Court of Special Judge E.C. Act/A.D.J. IV, District Kanpur Nagar.

¶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 cancellation of N.B.W./ 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