Court No. - 40
Case :- APPLICATION U/S 482 No. - 22300 of 2019 Applicant :- Ashok Sharma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gyanedra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of S.;S.T. No. 80 of 2019 arising out of Case Crime No. 190 of 2018 (State Vs. Ashok Kumar Sharma), under Sections 353, 504, 506 IPC and 3(1) (Da) (Dha) of SC/ST ActNarahat, P.S. Lalitpur, pending in the court of Sessions Judge, Lalitpur.
As per the allegations made in the first information report, it is alleged that on 16.11.2018 the applicant had abused the first informant on his caste and illegally interfered in carrying out the measurement by the Revenue Inspector and thereby deterred the public servant in discharge of his official duty. On the basis of FIR, the police thoroughly investigated the matter and submitted charge sheet against the applicant under Sections 353, 504, 506 IPC and 3 (1) (Da) (Dha) of SC/ST Act, P.S. Narahat, District- Lalitpur, on which the cognizance has been taken on 4.4.2019 by the Sessions Judge/Special Judge, SC/ST Act.
From the perusal of first information report and the material collected during the course of investigation, prima facie offence against the applicants are clearly disclosed and as such impugned charge sheet cannot be quashed.The prayer for quashing the charge-sheet is therefore refused.
However, it is directed that if the applicants appear and surrender before the court below within three weeks from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observation, the application is disposed of. Order Date :- 4.6.2019 KU