Allahabad High Court
Ravi Kant Saxena vs State Of U.P. And 2 Ors on 15 July, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- APPLICATION U/S 482 No. - 27108 of 2019 Applicant :- Ravi Kant Saxena Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Vaibhav Kaushik Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Vaibhav Kaushik, learned counsel for the applicants and Sri Irshad Hussain, learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet dated 6.1.2006, Case Crime No. 1413 of 2005, Under Section 420 of I.P.C. and Section 7 of P.C. Act, 1988, P.S. Civil Lines Thana, District Rampur as well as for staying the criminal proceedings of criminal case No. 965 of 2006 (State Vs. Ravi Kant Saxena) pending before the learned CJM, Rampur.
It has been argued by learned counsel for the applicant that the residential address of the applicant was changed and the summon which was issued by the courts below could not be served upon him.
Learned AGA has vehemently opposed the prayer and submitted that the F.I.R. was registered on 17.12.2005 and the charge-sheet was submitted against the applicant on 6.1.2006 and the incident is 14 years old but the applicant did not appear before the trial Court and non bailable warrant was issued against the applicant which is apparent from the order of this Hon'ble High Court dated 23.4.2005 and after so many years the applicant has come up before this Court for quashing of the charge-sheet.
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 submissions made at the bar relate to the disputed questions 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 prayer for quashing the charge sheet submitted in the aforesaid case is refused.
The application is accordingly, dismissed.
However, for a period of two weeks from today, non bailable warrant issued against the applicant shall be kept in abeyance, failing which the trial Court is at liberty to take coercive action against him.
Order Date :- 15.7.2019 Kamarjahan