Acharya Dev Murari Babu and Another v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 6654 of 2021 Applicant :- Acharya Dev Murari Babu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Reeta Kumari,Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Indra Deo Mishra,Kartikeya Bhargava,Shushil Kumar Mishra Hon'ble Gajendra Kumar,J.

¶1List of the cases is being revised, no one has appeared on behalf of the opposite party no. 2.

¶2Heard learned counsel for applicants and the learned A.G.A. for State.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of criminal case as well as cognizance order dated 30.01.2021 arising out of case crime no. 274 of 2020 (State Vs. Acharya Dev Murari Bapu & Ors) under Sections 406, 419, 420, 463, 465, 468, 479, 471, 153A I.P.C. and 66D I.T. Act, P.S. Govind Nagar, District Mathura, pending in the court of Additional Civil Judge (J.D.) Bansgaon District Mathura and further prayer to stay the further proceedings of the aforesaid case has been made.

¶4At the very outset, learned counsel for applicants submits that as per material on record, no offence under the charging sections is made out against applicants. As such impugned charge-sheet as well as entire proceedings of aforesaid case are liable to be quashed by this Court.

¶5Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.

¶6From the perusal of 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 applicants. All the submissions made at the bar relates to the disputed question 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. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

¶7The prayer for quashing the proceedings of case as well as charge sheet is refused.

¶8At this stage, learned counsel for the applicant submit that applicants may be permitted to move discharge application before the court concerned.

¶9Keeping in view the facts and circumstances of the case, it is directed that the applicant will move a proper application for discharge through counsel within one month from today and they are free to take all the submissions in the said discharge application before the Trial Court which shall be considered and disposed of by the Trial Court in accordance with law within a period of two months.

¶10Accordingly, the present application is disposed of.

¶11For a period of one month, no coercive action shall be taken against the applicants. Order Date :- 30.10.2023 Gaurav High Court of Judicature at Allahabad High Court of Judicature at Allahabad