Application under Section 482 Cr.P.C. to quash criminal proceedings for cheating was dismissed. The court found prima facie cheating at inception. Bail to be heard expeditiously if applicants surrender within 15 days.
The prayer to quash the impugned proceedings is declined.
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Neutral Citation No. - 2023:AHC:121323
Court No. - 64
Case :- APPLICATION U/S 482 No. - 19171 of 2023
Applicant :- Rajan Singh Tomar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nripendra Kumar Dwivedi,Prasanna Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Case No. 23871 of 2022, State vs. Rajan Singh Tomar and others (arising out of Case Crime No. 173 of 2022) under Sections 406, 504, 506, 420 IPC, P.S. Sadar Bazar, District Agra, pending in the Court of the Chief Judicial Magistrate, Agra.
A perusal of the impugned charge-sheet shows that the applicants in concert and over a period of time have prevailed upon the informant to part with his hard earned money attracting him with false offers of investment in business that never was. A reading of the material in support of the impugned charge-sheet shows that it is a case where prima facie an intention to cheat at the inception is discernible. No case for interference with the impugned chargesheet is made out .
The prayer to quash the impugned proceedings is declined . However, in case, the applicants surrender and apply for bail within 15 days, their bail application shall be heard and decided by both the Courts below expeditiously in accordance with law.
Accordingly, the application is disposed of.
Order Date :- 30.5.2023 Vijay
Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash criminal proceedings under Sections 406, 504, 506, and 420 IPC based on a charge-sheet alleging cheating.
Whether an application for bail should be heard expeditiously if the applicants surrender within 15 days.
2 provisions across 2 enactments
Rajan Singh Tomar and 2 Others
State of U.P.
Vijay Kumar Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
