Court No. - 53
Case :- APPLICATION U/S 482 No. - 14738 of 2018
Applicant :- Anuradha And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Lal Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ram Lal Mishra learned counsel for the applicants and Sri Shyam Dhar Yadav, learned AGA for the State.
This application has been filed with a prayer to quash the entire proceeding as well as cognizance order dated 18.7.2017 passed by C.M.M. Kanpur Nagar in Crl. Case No. 38985 of 2017 (State Vs. Rama Narayan Tiwari and others) arising out of Case Crime FIR No. 148/2016, under Sections 147, 323, 504, 506, 427 IPC, P.S. Bithoor, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate Kanpur Nagar, District Kanpur Nagar. It is further prayed that a direction may be issued permitting the applicants to appear before the court below within a stipulated period of time.
The submission of learned counsel for the applicants is that on account of malafides the complainant has implicated the entire family including the women folk. It is submitted on the strength of assertion in paragraph 15 and 18 of the affidavit that a civil litigation is pending between parties and the present F.I.R. has been brought to exert oblique pressure on the applicants to settle that civil case.
The learned A.G.A. has opposed the motion for admission of this application. He has pointed out that there is an injury report on record at page 18 of the paper book.
Considering the entire facts and circumstances of the case, it does appear, prima facie that the involvement of the entire family in the case is an extravagant allegation so as to prosecute the entire family. At the same time the involvement of the men folk cannot be discounted looking to the injuries that are said to be on account of throwing brick bats.
Accordingly, so far as applicant Nos. 1,2 and 3 are concerned, prima facie a case is made out.
Issue notice to opposite party no.2 returnable within three weeks. List on the date fixed in the notice.
Learned A.G.A. may also file a return within the same period.
Until the date fixed, further proceedings of Crl. Case No. 38985 of 2017 (State Vs. Rama Narayan Tiwari and others) arising out of Case Crime FIR No. 148/2016, under Sections 147, 323, 504, 506, 427 IPC, P.S.
Bithoor, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate Kanpur Nagar, District Kanpur Nagar as against the applicant Nos. 1,2 and 3 shall remain stayed.
However, so far as the applicant Nos. 4,5 and 6 are concerned, no case for interference with the impugned charge sheet is made out. Prayer for quashing the charge sheet is refused at the behest of applicant Nos. 4,5 and 6.
It is however directed that in case, applicant Nos. 4,5 and 6 appear and surrender before the court below within 45 days from today and applies 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 Apex 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, 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.
This Application in relation to applicant Nos. 4,5 and 6 stands disposed of accordingly.
Order Date :- 30.4.2018 MT**