Court No. - 64

Case :- APPLICATION U/S 482 No. - 15703 of 2018

Applicant :- Mohan Sharma And 6 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- C.K.Parekh,Kumar Ankit Srivastava

Counsel for Opposite Party :- G.A.,Rajesh Dutta Pandey

With

Case :- APPLICATION U/S 482 No. - 12041 of 2018

Applicant :- Sanjai Bhardwaj

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- C.K.Parekh,Kumar Ankit Srivastava

Counsel for Opposite Party :- G.A.,Rajesh Dutta Pandey

Hon'ble Saumitra Dayal Singh,J.

Heard Sri Kumar Ankit Srivastava learned counsel for the

applicants, learned AGA for the State and Sri Rajesh Dutt

Pandey learned counsel for the opposite party No. 2.

Present applications have been filed with prayer to quash the

charge sheet dated 25.12.2017 and the proceedings of Case No.

872 of 2018 arising out of case crime No. 641 of 2017 under

Sections 395 and 427 IPC, Police Station Govind Nagar,

District Mathura, pending in the court of Chief Judicial

Magistrate, Mathura.

Submission is, applicants are tenants of Smt. Vedvati with

whom the opposite party No. 2 is in litigation over some

property namely the factory premises let out to the opposite

party No. 2 by the said Smt. Vedvati. Only because the

applicants have stood by the said Smt. Vedvati and helped her

in many ways, false allegations have been levelled against the

applicants to cause deep harassment. First Information Report is

also stated to have been lodged with delay. In the context of the

undisputed fact that the factory premises were lying closed

from before, allegations are stated to be plainly false. No

recovery has been made from the applicants.

On the other hand, learned counsel for the opposite party No. 2

and the learned AGA would submit, the allegations levelled in

the F.I.R. are factual. The applicants are specifically named in

the F.I.R. and role has been assigned to them of having loaded

valuable goods of the opposite party No. 2 on trucks etc. and of

having forcibly transported them outside the factory premises.

Also allegations of illegal demolition carried out by the

applicants is contained in the F.I.R.. Those allegations were

tested during the course of investigation. Upon sufficient

material being collected in the shape of oral statements as form

part of the case diary, charge sheet has been submitted.

In short, it has been submitted, ingredients of the offence

alleged are complete. Falsity or otherwise of the allegations

may not be examined at this preliminary stage. Insofar as they

are not shown to be inherently improbable, no interference is

warranted.

Having heard learned counsel for parties and having perused

the record, at present no material exists to reach a conclusion

that the allegations made are inherently improbable or that they

are plainly false. Merely because the applicants claim to have

generally helped the landlady, a senior citizen, it cannot be

hurriedly concluded, therefore, the opposite party No. 2 bore

animosity towards the applicants. What exact transaction may

have taken pace and what role may have been played by the

applicants therein would remain to be tested at the trial. In

absence of any good ground made out, interference claimed in

exercise of inherent jurisdiction of the Court under Section 482

Cr.P.C. to quash the criminal prosecution is declined.

Both applications are dismissed. However, it is provided, in

case the applicants in Application U/S 15703 of 2018 namely

Mohan Sharma, Chandrabhan alias Pinka, Salim, Suleman

Thikedar, Lala Pahalwan @ Lala Chaudhary, Yogesh and

Rambabu appear on the next date fixed before the learned court

below and apply for bail, their bail applications may be

considered and decided on their own merits without being

prejudiced by any observations made in this order.

So far as applicant-Sanjai Bhardwaj in Application U/S 482 No.

12041 of