Court No. - 53
Case :- APPLICATION U/S 482 No. - 14193 of 2018 Applicant :- Smt Ankita And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sushil Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sushil Kumar Sharma, learned counsel for the applicants and Sri Kamal Singh Yadav, learned AGA along with Sri Avanish Shukla appearing for the State.
This application has been filed seeking to quash the further proceedings of S.S.T. No.32 of 2018 (State Vs. Akhilesh and another), arising out of case crime no.163 of 2017, under Sections 336, 504, 506 IPC and Section 3(2)(v)A of the SC/ ST (Prevention of Atrocities) Act, Police Station Ayana, District Auraiya, pending in the court of Additional District & Sessions Judge, F.T.C. First/ Special Judge (SC/ST Act), Auraiya.
Learned counsel for the applicants argued that the injuries sustained by the applicants that are on record in support of the case of assault and violence are the result of a road accident as stated in paragraph 9 of the affidavit filed in support of the application. It has been further argued that the applicants hail from the category of OBC.
This Court fails to understand how the fact of the applicants hailing from the category of OBC is relevant to the issue of quashing the impugned charge sheet that is based on evidence collected during investigation. A perusal of the case diary shows that there is prima facie material in the case diary that are required to be determined at the trial, subject of course, to the right of the applicants to seek discharge in accordance with law, if so advised. No ground for quashing the charge sheet is made out.
Accordingly, prayer for quashing the charge sheet is refused.
However, 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 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 them. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that no further time shall be allowed to the applicants to surrender before the Court below.
The Application stands disposed of accordingly.
Order Date :- 25.4.2018 Anoop