Court No. - 38
Case :- APPLICATION U/S 482 No. - 16420 of 2019 Applicant :- Ashraf And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application, the applicants have filed this application with a prayer to quash the entire proceeding of case No. 357 of 2019 (State of U.P. vs Ashraf and others), in case crime no. 235 of 2017,under sections 147, 148, 149, 307, 323, 504, 506 and 308 I.P.C, P.S. Deoraniya, District Bareilly, pending in the court of Judicial Magistrate, Bahedi, District Bareilly.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He has submitted that 14 persons have been charge sheeted in false case. The applicant No.1 Ashraf is aged about 65 years and suffering from paralyses whereas applicant No.2 Gulami alias Khaleel is aged about 75 years and is suffering from heart disease. He has further submitted that this fact has been mentioned in the charge sheet dated 17.9.2018 submitted by the investigating officer. He has submitted that no specific role has been assigned to the applicants.The investigating officer has submitted the charge sheet against them without any evidence.
Learned A.G.A has vehemently opposed the prayer made by the learned counsel for the applicants and submitted that applicants have committed heinous offence.
Hon'ble Supreme Court in State (NCT of Delhi) Vs. Shiv Kumar Yadav (2016)1 SCC (Crl) 510, has held that 'the power of judicial superintendence under Article 227 of the Constitution and Section 482 Cr.P.C has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court.'
All the submissions made by the learned counsel for the applicant relates to disputed question of fact which can be raised before the court below at appropriate stage.
From perusal of material available on record, it cannot be said that no offence is made out against the applicant. Prima facie there is no evidence or material regarding the abuse of process of law or gross injustice.
Accordingly, in view of the above, the prayer for quashing the entire proceeding of case No. 357 of 2019 (State of U.P. vs Ashraf and others), in case crime no. 235 of 2017, under sections 147,148, 149,307,323,504,506 and 308 I.P.C, P.S.
Deoraniya, District Bareilly, pending in the court of Judicial Magistrate Bahedi, District Bareilly is refused.
However, looking into the fact and circumstances of the case, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law and the applicants may be released on interim bail till the final disposal of their regular bail application.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 29.4.2019 G.S