Sayyad Mehroz Zafri vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Learned counsel for the applicant is permitted to make necessary corrections in the prayer clause during the course of the day. Heard learned counsel for the applicant and learned AGA for the State-respondent.

The present application u/s 482 Cr.P.C. has been filed for quashing of charge sheet dated 01.09.2006 filed in Case No. 43 of 2007, u/s 406 IPC, PS Anpara, district Sonbhadra and also for quashing of the proceedings of aforesaid case pending before the Additional Chief Judicial Magistrate, Sonbhadra.

It is contended by the learned counsel for the applicant that the applicant was posted as Branch Manager of Mahindra & Mahindra Financial Services Ltd. Company, Sonbhadra at the relevant point of time, but subsequently, he was transferred and he was not aware of the present proceedings till non-bailable warrant was issued on 02.11.2011 and it is argued that there are no laches on the part of the applicant in filing of the present application.

It is further contended by the learned counsel for the applicant that material on record, it is evident that loan was advanced and non-payment of which, vehicle of opposite party No. 2 was repossessed by the Mahindra & Mahindra Financial Services Ltd. Company and even in the first information report, the applicant was not named.

It is next contended by the learned counsel for the applicant that on the material collected during investigation, no offence against the applicant is disclosed.

It is also contended by the learned counsel for the applicant that the present matter is purely of civil nature, which has been dragged into criminal prosecution of the applicant at the behest of opposite party No. 2, which is bad in law.

Learned counsel for the applicant further states that in the matter of co-accused Dileep Dubey, another Bench of this Court vide order dated 08.12.2011 had passed interim order in Application u/s 482 Cr.P.C. No. 39927 of 2011, copy of which order has been filed as annexure-8 to the accompanying affidavit.

Issue notice to the opposite party No. 2 returnable within a period of four weeks. Steps be taken within a week.

Learned AGA prays for and is granted four weeks'' time to file a counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. Learned counsel for the applicant shall have two weeks thereafter to file a rejoinder affidavit.

List immediately after the expiry of the aforesaid period before the appropriate Court along with the records of Application u/s 482 Cr.P.C. No. 39927 of 2011. Till the next date of listing, no coercive action shall be taken against the applicant.