Court No. - 53
Case :- APPLICATION U/S 482 No. - 13805 of 2018 Applicant :- Ajay Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash the charge sheet dated 22.01.2017 as well entire proceeding of Special Sessions Trial Case No.1887 of 2017 arising out of Case Crime No.1417 of 2016, under Sections 342, 323, 504, 506 IPC and 3(2)(5) SC/ST Act, PS Firozabad North, District Firozabad pending in the Court of Judicial ADJ-II, Forozabad.
The submission of the learned counsel for the applicants is that the applicants have been implicated maliciously and the injuries on record are simple in nature. Be that as it may, it cannot be said that there is no evidence in the case diary which may invite interference by this Court in exercise of power under Section 482 Cr.P.C. The evidence being of the injury reports and the statement of witnesses cannot be gone into by this Court to exercise power under Section 482 Cr.P.C. The prayer for quashing the impugned charge sheet is, therefore, refused.
It is however, provided that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 24.4.2018/Shahroz