In an application under Section 482 Cr.P.C. to quash charge sheets and proceedings alleging cheating and forgery, the single judge held that an offence was disclosed. The court declined to pass an order regarding discharge applications as applicants were at liberty to file the same in the lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 60
Case :- APPLICATION U/S 482 No. - 10934 of 2016
Applicant :- Gaurav Pandey Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.1.2014 as well as the entire proceedings of Case No. 5774 of 2014, arising out of Case Crime No. 264 of 2013, under Sections- 419, 420, 467, 468, 471, 477A I.P.C., Police Station-Chunar, District- Mirzapur, pending in the court of C.J.M., Mirzapur.
The contention of learned counsel for the applicants is that no offence against the applicants 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. He further submits that the applicants are already on bail and prayer has been made to permit them to move discharge application as no case is made out against the applicants.
From 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 applicants.
So far as permission of discharge application is concerned, it is always open for the applicants to move discharge application and there is no need for this Court to pass any such order. However, if any discharge application is moved by the applicants, court below shall decide the same strictly in accordance with law.
With the aforesaid observation, the application is disposed of.
Order Date :- 14.11.2018 Arvind
2 issues framed by the court
Whether the charge sheet discloses an offence and merits quashing of proceedings under Section 482 Cr.P.C.
Whether applicants require permission from this Court to move a discharge application.
1 provisions across 1 enactments
Gaurav Pandey
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
