Allahabad High Court
Vinod Kumar Gupta vs State Of U.P. And Another on 8 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- APPLICATION U/S 482 No. - 27854 of 2021 Applicant :- Vinod Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishesh Rajvanshi Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Supplementary affidavit has been filed on behalf of the applicant. It is taken on record.
Heard learned counsel for the parties and perused the record.
This application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet dated 28.10.2013 arising out of Case Crime No. 0236 of 2013, under Sections 420, 504, 506 IPC, Police Station Thariaon, District Fatehpur as well as cognizance order dated 08.02.2018, pending in the Court of learned Judicial Magistrate, Fatehpur in Case No. 303 of 2018 (State Vs. Vinod Kumar Gupta).
Submission of the learned counsel for the applicant is that the alleged incident is of the year 1997 whereas the F.I.R. was lodged in the year 2013 without any plausible explanation of delay. It is also contended that the father of the applicant was employed in Post Office. According to FIR version, money was given to him. It is further contended that the money was invested in the Golden Forest India Pvt. Ltd. and receipt was given to the opposite party no. 2. That company became bankrupt. The Hon'ble Supreme Court constituted a committee for recovery of depositors' amount. The said committee published in an advertisement on 14.10.2018 informing all investors to submit details of their deposits. In pursuance of the aforesaid advertisement, the first informant and his brother uploaded their details in the website and got back 70% of their deposited amount in their bank account. The first informant and his brother has got back 70% of their deposited amount after depositing the original receipts, therefore, the allegation that the applicant had kept original receipts in his custody and given photocopy of the same to the first informant and his brother is wholly misconceived and false. The allegations made against the applicant are wholly mischievous and malafide. None of the other investors of Golden Forest India Pvt. Ltd. have lodged any complaint against the applicant. The applicant is working as Post Master in Post Office and has good reputation in society and there has never been any complaint against him. The first informant due to personal enmity and grudge has lodged the first informant on totally false and concocted facts. The Investigating Officer without properly investigating the case and collecting credible evidence has filed the impugned charge sheet in a routine and arbitrary manner. It is also contended that against the F.I.R., the applicant had approached this Court by filing Criminal Misc. Writ Petition No. 22977 of 2013 (Vinod Kumar Gupta Vs. State of U.P. and others) and this Court was pleased to grant interim protection vide order dated 22.11.2013.
It is also contended that after a great delay of about 05 years, the learned Magistrate without considering the facts of the case and without application of judicial mind has taken cognizance in a routine and arbitrary manner. After taking cognizance, summons were issued to the applicant but the same was never served upon him and applicant was totally unaware of this case and could not attend the Court. In the month of September, 2021, the police personnel came to the house of the applicant and informed him about the proceedings then the applicant approached the concerned court and inquired about the matter. The prosecution has failed to produce any credible evidence against the applicant. In view of this fact, the charge sheet is liable to be quashed.
Learned counsel for the applicant lastly contended that if the prayer for quashing the charge-sheet is not been considered then direction be issued for disposal of bail application in view of guidelines propounded by Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and ors, reported in 202 (4) Crimes 139 (SC) case.
Learned A.G.A. opposed the aforesaid submission advanced by the learned counsel for the applicant and submitted that the applicant is named in the F.I.R. The allegations of the F.I.R. constitute offence of cheating and fraud. There are allegations in the F.I.R. that the applicant was Post Master and money was entrusted to him. The Investigating Officer on the basis of the credible evidence has submitted charge sheet. Learned Magistrate being satisfied with material available in case diary has taken cognizance way back on 08.02.2018. The applicant was avoiding the proceeding and now has approached this Court. There is no illegality in the impugned summoning order.
There are specific allegations against the applicant in the F.I.R. which constitute offence of fraud and cheating. During course of investigation, on the basis of evidence collected during investigation, charge sheet has been submitted. Learned Magistrate being satisfied with material available in case diary has taken cognizance on it.
It is settled principle of law that at this Stage only prima-facie case is to be seen as propounded by the Supreme Court in the case of Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
All the other arguments as assailed by the learned counsel for the applicant are matter of trial which cannot be considered at this stage in a proceeding under section 482 Cr.P.C. There is nothing on record to show that the present proceeding is an abuse of the process of law. There is no illegality in the impugned summoning order.
Accordingly, application U/s 482 Cr.P.C. is devoid of merits and is hereby dismissed.
However, considering the submission for the applicant, it is provided that if the applicant seeks bail, his bail application shall be considered and decided expeditiously in accordance with settled principles of law and in view of the various pronouncements laid down by Hon'ble Apex Court and High Court.
Order Date :- 8.6.2022 SA