1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition under Section 482 Cr.P.C. has been instituted for quashing charge-sheet bearing no. 29 of 2018 dated 10.06.2018 arising out of Case Crime No. 16 of 2018, under Section 323, 504, 506 and 452 IPC, Police Station Bewana, District Ambedkar Nagar including summoning order dated 4.2.2019 passed by learned Additional Chief Judicial Magistrate, Ambedkar Nagar in Case No. 141 of 2019 (State Vs. Ashis alias Bablu and another) and entire proceedings of the aforesaid case.
3. As per the prosecution version, on 9.5.2018 at 12:00 the complainant Mohd. Mosim was sitting in his shop, at that time accused persons Bablu and Pawan sons of unknown along with two associates came and beaten him up with kicks and fists (to the complainant) without rhyme or reason consequently, blood was oozing from his nose.
4. It is submitted by the learned counsel for petitioner that the petitioners are innocent and they have been falsely implicated in this crime.
5. Learned A.G.A. has opposed this petition by submitting that during the course of investigation the Investigating Officer has recorded statements of victim and witnesses and thereafter submitted charge sheet after conducting impartial investigation, upon which learned trial court has taken cognizance and summoned the petitioners to face trial.
6. I have perused the record.
7. From the record, it appears that the Investigating Officer has recorded statements of the victim, witnesses Shamim and Uma Shankar. On the basis of evidence provided by the witnesses, the Investigating Officer has submitted charge sheet after full fledged investigation.
8. The factual aspects cannot be evaluated during the proceedings under Section 482 C.P.C.
9. Therefore, this petition lacks merit and liable to be dismissed.
10. Accordingly, dismissed.
11. Learned counsel for petitioners further submitted that sometime may be granted to the petitioners for surrender before the trial court.
12. Considering the above submissions made on behalf of the petitioners, it is provided that if the petitioners appear and surrender before the trial court within fifteen days from today and apply for bail in the abovementioned case, the trial court shall decide the bail application of the petitioners expeditiously, according to the exposition of law propounded by this Court and Hon'ble Supreme Court.
13. In the meanwhile, learned trial Court shall not adopt any coercive methods against the petitioners.
Order Date :- 29.8.2019 Virendra