Radha Gupta and others vs State of Uttarakhand and another

Hon''ble U.C. Dhyani, J.—Heard. By means of the present writ petition, moved u/s 482 Cr.P.C., the petitioners Radha Gupta, Rajkumar Gupta and Chandra Bhan Gupta have sought quashing of the charge-sheet dated 03.04.2010 and proceedings of Criminal Case No. 1119 of 2010 State vs. Radha Gupta and others pending in the Court of Additional Chief Judicial Magistrate, Haldwani, Nainital, District Nainital.

Learned counsel for the petitioners did not press the petition. The petition u/s 482 Cr.P.C. is accordingly dismissed as not pressed.

Otherwise also, from perusal of the material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the petitioners. The submission made by leaned counsel for the petitioners relate to the disputed questions of fact, which cannot be adjudicated upon by this Court u/s 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Hon''ble Supreme Court in cases of R.P. Kapur Vs. The State of Punjab, ; State of Haryana vs. Bhajan Lal, 1992 SCC (Crl) 426; State of Bihar vs. P.P.Sharma, 1992 SCC (Crl) 192 and Zandu Pharmaceuticals Works Ltd. vs. Mohd. Saraful Haqe and another, 2005 SCC (Crl) 283 (para 10).

Learned counsel for the petitioners made an alternative prayer for directing the Court concerned to expedite the disposal of the bail application of the petitioners if they surrender before the court.

No party will feel prejudiced if a direction is issued by this Court to expedite the hearing of the bail application of the petitioners provided an opportunity is given to the learned prosecutor to oppose the same.

Learned counsel for the petitioners submitted that the petitioners have repaid the entire sum taken as housing loan from the respondent no. 2. Petitioners have submitted details of the accounts on page no. 55 of the paper book. In all, a sum of Rs. 11,34, 499/- was borrowed by the petitioners from the respondent no. 2. The parties entered into compromise thereafter. The agreed sum i.e. Rs. 8,50,000/- has been repaid by the petitioners to the respondent no. 2. Learned counsel for the respondent no. 2 affirms that the said amount has been deposited by the petitioners with the Bank of Baroda.

Considering the facts and circumstances as enumerated above, it is directed that in case present petitioners surrender before the Magistrate concerned and move application for bail, the same shall be disposed of as expeditiously as possible without unreasonable delay.

While disposing of such bail application, learned Magistrate should bear in mind that the parties have entered into compromise and the sum, as agreed between them, has been repaid by the petitioners to respondent no. 2. With these observations, the petition u/s 484 Cr.P.C is summarily disposed at the admissions stage itself.