This application has been filed seeking to quash the proceedings of Case No.1047 of 2019, State Vs. Shantu Zaidi, (arising out of Case Crime No.109 of 2018), under Sections 147, 148, 452, 323, 354, 504, 506, 325, 427,IPC, Police Station Nonhara, District Ghazipur, pending in the Court of Additional Chief Judicial Magistrate, Ghazipur.
Heard Mr. Sadaful Islam Jafri learned counsel for the applicant, Ms. Anita Singh, learned counsel appearing on behalf of opposite party No.2, and Mr. S.S. Tiwari, learned AGA appearing on behalf of the State.
A perusal of the statement under Section 164 Cr.P.C., shows that the applicants' also have been credited with a role of assault along with men, who carried out the assault in the forefront. The prosecutrix has sustained injuries numbering six, which are contusions and abraded contusions, all of which have been referred for an X-Ray examination. A perusal of the supplementary report shows that the second Metacarpel bone of the left hand is fractured.
Looking to the evidence available on record, it is not a case where the impugned proceedings can be quashed. The prayer to quash the impugned proceedings is refused.
In view of the facts and circumstances, in case the applicants surrender before the court below within 45 days from today and apply 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 Supreme 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 them. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
The application is disposed of accordingly.
Order Date :- 8.2.2021 NSC