Vidya Niwas Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 3 Others

Court No. - 21 Case :- APPLICATION U/S 482 No. - 10525 of 2023 Applicant :- Vidya Niwas Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Pravin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and Shri Sanjay Kumar, learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.550 of 2014 arising out of FIR dated 06.12.2012 bearing Case Crime No.1248 of 2012, under Sections 406, 419 and 420 IPC, Police Station - Musafirkhana, District - Amethi as well as charge sheet dated

07.07.2014 and cognizance order dated 15.12.2014 passed by learned Additional Chief Judicial Magistrate, Sultanpur.

¶3The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

¶4From 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 at this stage. 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 prima facie case is to be seen in the light of the law laid down by Supreme Court in 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 disputed defence of the accused cannot be considered at this stage.

¶5At this stage, learned counsel for the applicant submitted that applicant is ready to surrender before the trial Court for obtaining bail and for that some protection may be granted to him.

¶6However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC

922.

¶7For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, applicant shall not be arrested in the above case.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 28.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench