Court No. - 74
Case :- APPLICATION U/S 482 No. - 16271 of 2020
Applicant :- Aash Kar @ Aaskar Ali
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed, seeking to quash the charge- sheet no. 72 of 2020 dated 10.07.2020, as well as cognizance order dated 17.09.2020, arising out of Case Crime No. 83 of 2020, under Sections 323, 324, 504, 308 I.P.C., Police Station - Kemari, District - Rampur, pending in the Court of Judicial Magistrate, Rampur.
It is submitted by learned counsel for the applicant that the applicant was not named in the F.I.R. His name has been surreptitiously introduced during investigation. He was not present on the spot. He has been implicated mala fide.
Learned A.G.A. has opposed the motion to admit this application to hearing.
A perusal of the case diary shows that four persons have sustained injuries. One of them, Tasleem Miyan, has sustained an incised wound, amongst three other injuries, which includes a contusion, besides a lacerated wound on the back of the skull 10 cm. above left ear pinna. Injury nos. 1 and 2 have been directed to be kept under observation. Injury no. 1, on a supplementary report, has been reported to be grievous. The other injured are stated to have sustained simple injuries.
Be that as it may, it cannot be said that it is a case where there is no triable case to be determined. So far as the present proceedings are concerned, this Court cannot hold a parallel trial and examine the applicant's disputed defences.
In view of above, the prayer to quash the impugned charge- sheet as also the impugned cognizance order, is hereby refused.
However, in case the applicant surrenders before the court below within 45 days from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against the applicant. However, in case, he does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
The application stands disposed of in terms of the orders aforesaid.
Order Date :- 25.1.2021
I. Batabyal