Court No. - 83

Case :- APPLICATION U/S 482 No. - 10004 of 2021

Applicant :- Amit Gupta And 2 Others

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

Counsel for Applicant :- Yadvesh Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Yadvesh Yadav, learned counsel for applicants and

learned A.G.A. for State.

Perused the record.

This application under section 482 Cr. P. C. has been filed

challenging charge sheet No. 331/2016, dated 3.9.2016

submitted in Case Crime No. 306 of 2016, under Sections 419,

420, 504, 506, 448, 120B IPC, P.S. Bhelupur, District Varanasi,

as well as order dated 12.1.2021 passed by Chief Judicial

Magistrate Court No. 3, Varanasi, whereby bailable warrants

valued at Rs. 10,000/- each have been issued against each of the

applicant in view of law laid down by Apex Court in Asian

Resurfacting of Road Agency Private Limited and another

Vs. Central Bureau of Investigation, (2018) 16 SCC , 299.

Record shows that in respect of various incidents which are

alleged to have occurred from 31.5.2013 to 10.6.2016, first

informant/opposite party 2 Reena Jaiswal submitted an

application under Section 156 (3) Cr. P. C., which came to be

allowed by concerned Magistrate. Consequently, a delayed

F.I.R. dated 25.7.2016 was registered as Case Crime No. 306 of

2016, under Sections 419, 420, 504, 506, 448, 120B IPC, P.S.

Bhelupur, District Varanasi, In the aforesaid F.I.R. five persons

namely Premchanda, Rajkumari Gupta, Amit Gupta (applicants

herein), Gyanchand Gupta and Shyam Chand Gupta have been

nominated as named accused.

As per prosecution story, as unfolded in F.I.R., it is alleged that

fraud and forgery have been committed by named accused by

not giving complete possession of property, which was sold in

favour of husband of first informant/opposite party 2. It is

further alleged that named accused committed criminality as

detailed in F.I.R.

After registration of aforesaid F.I.R. Investigating Officer

proceeded with statutory investigation of aforesaid Case Crime

Number in terms of Chapter XII Cr. P. C. Investigating Officer

recorded statements of first informant and other witnesses under

Section 161 Cr. P. C. Witnesses so examined by Investigating

Officer have substantially supported the prosecution story as

unfolded in F.I.R. On the basis of material collected during

course of investigation, Investigating Officer submitted a

charge sheet dated 3.9.2016, whereby and whereunder named

accused have been charge-sheeted under sections 419, 420, 504,

506, 448, 120B IPC. After submission of aforesaid charge-

sheet, cognizance was taken upon same by Additional Chief

Judicial Magistrate III, Varanasi, vide Cognizance Taking Order

dated 03.01.2017. Consequently, criminal case No. 35 of 2017

(State Vs. Prem Chand and others), arising out of Case Crime

No. 306 of 2016, under Sections 419, 420, 504, 506, 448, 120B

IPC, P.S. Bhelupur, District Varanasi, came to be registered,

which is now pending in the Court of Additional Chief Judicial

Magistrate III, Varanasi. During pendency of above mentioned

case, Court below placing reliance upon judgement of Apex

Court in Asian Resurfacting of Road Agency Private Limited

and another Vs. Central Bureau of Investigation (supra) has

passed an order dated 12.1.2021, whereby bailable warrants

valued at Rs. 10,000/- each has been issued against each of the

charge sheeted accused i.e. applicants herein.

At the very outset, learned A.G.A. has raised a preliminary

objection by submitting that present Criminal Misc. Application

under Section 482 Cr. P. C. has been filed challenging charge

sheet dated 3.9.2016 as well as proceedings subsequent to

above noted charge sheet i.e. proceedings of Criminal Case

No. 35 of 2017 (State Vs. Prem Chand and others), arising out

of Case Crime No. 306 of 2016, under Sections 419, 420, 504,

506, 448, 120B IPC, P.S. Bhelupur, District Varanasi, was

registered, which is now pending in the Co