Court No. - 14
Case :- CRIMINAL APPEAL DEFECTIVE No. - 902 of 2018
Appellant :- Anoop Kumar Chaurasiya And 2 Others
Respondent :- State Of U.P. And Another Counsel for Appellant :- Balram Mishra Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Balram Mishra, learned counsel for the appellants and learned A.G.A. Sri Jagdamba Prasad Singh and Sri Mahendra Pratap Yadav, learned counsel for opposite party no. 2.
The appellant has moved the application to condone the delay in filing the appeal.
As per office report this appeal is beyond time by 17 days.
Learned counsel for the appellant submitted that he sustained some injuries and due to those injuries he could not prepared this appeal within time.
This contention of learned counsel for the appellant will also admitted by learned counsel for opposite party no. 2. Hence, delay condonation application is allowed.
Delay in filing the appeal is condoned.
This appeal is preferred against the charge-sheet dated 20.05.2018 arising out of Case Crime No. 371 of 2018, under section 323, 504 IPC & 3(1) (द) and 3 (1) (ध) S.C./S.T. Act, Police Station Khalilabad, District Sant Kabir Nagar and the summoning order dated 10.08.2018 passed on the above mentioned charge-sheet.
Learned counsel for the appellants submitted that the appellants have been falsely implicated in this case and they have not committed such offence as is alleged by the prosecution whereas learned counsel for opposite party no. 2 submitted that appellants were involved in the crime.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court att this stage. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash prosecution initiated against the applicant in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 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 applicant. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this appeal is finally disposed of.
Order Date :- 29.11.2018 Swati