Dismissed

Ram Prakash Saraswat v. State of U.P. and Anr.

Allahabad HC9 Jan 2020A482/702/2020

Case brief

AI extract

What is this about?

The High Court refused to quash proceedings under Section 482 Cr.P.C. in a cheating and criminal conspiracy case, stating that disputed facts require a proper discharge application. The Court directed the Trial Court to consider the bail application expeditiously if the applicant surrenders within 30 days and granted an injunction against coercive action during that period.

What did the court decide?

Prayer for quashing refused; coercive action stayed for 30 days if applicant surrenders and applies for bail; bail application to be decided expeditiously.

Ram Prakash Saraswat Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2020)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 702 of 2020

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Applicant :- Ram Prakash Saraswat Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482, Cr.P.C. has been filed for quashing cognizance order dated 17.10.2019 as well as the entire proceedings of case No. 13820 of 2019 (State vs. Ram Prakash Saraswat), arising out of case crime No. 489 of 2019, Section 120B IPC, P.S. Phase-III, NOIDA, District Gautam Buddha Nagar, pending in the court of Chief Judicial Magistrate, Gautam Buddha Nagar.

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The contention of the counsel for the applicant is that opposite party no. 2 was lodged false and frivolous FIR against the applicant. He further submitted that no offece is made out against the applicant under section 120B IPC and the investigating officer without collecting sufficient and credible evidence has submitted charge sheet against the applicant and no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

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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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 applicant has got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application

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before the Trial Court.

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The prayer for quashing the proceedings is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 9.1.2020 v.k.updh.

Ram Prakash Saraswat v. State of U.P. and Anr.

Case brief

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Ram Prakash Saraswat v. State of U.P. and Anr.

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