Court No. - 77
Case :- APPLICATION U/S 482 No. - 47003 of 2019
Applicant :- Avnendra Pal Singh And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application under Section 482 Cr.P.C. has been filed with a prayer for quashing the summoning order dated 27.10.2017, passed by learned Additional Chief Judicial Magistrate, Court No. 2, Aligarh as well as entire proceeding of Case No. 490 of 2016 "Vijendra Singh Vs. Avnendra Pal Singh and others", under Sections 323, 379, 325, 504, 506 I.P.C. related to Police Station Akarabad, District Aligarh, pending before learned Additional Chief Judicial Magistrate, Court No. 02, Aligarh.
Heard learned counsel for applicants and learned A.G.A. for State.
Learned counsel for applicants argued that it is a malicious and concocted prosecution, for the purpose of making a cross case of case crime number, which was got registered by applicants, wherein charge sheet has been filed for the occurrence took place at 3 P.M. of 29.12.2015. The alleged medical report was fabricated and it was a complaint after more than 20 days under manipulation. Hence, it is misuse of process of law. Accordingly, this application with above prayer.
Learned A.G.A. has vehemently opposed the application.
From the very perusal of complaint and statement recorded under Section 200 Cr.P.C., it is apparent that it was under reiteration of occurrence of 29.12.2015 at 3 P.M.. The same is with corroboration by statements recorded under Section 202 Cr.P.C. in inquiry made by Magistrate. Moreso, occurrence of above date, time and place, for which case and its pendency is admitted fact. Now, whether it was a cross case or it was an occurrence, wherein applicants were aggressor, is a question of fact to be seen by trial court.
The prayer for quashing summoning order dated 27.10.2017 as well as proceeding of the aforesaid criminal case is refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants 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 judgment 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 four weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 20.12.2019 NS