Court No. - 17
Case :- APPLICATION U/S 482 No. - 10142 of 2018
Applicant :- Awadhpal And 8 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Application under Section 482 Cr.P.C. has been filed with a prayer for quashing the entire proceedings of Criminal Case No. 2677 of 2016 (State Vs. Awadhpal and others), under Sections 171F, 332, 353, 147, 148 and 149 I.P.C. and under Sections 134 and 135B of the Representation of the People Act, Police Station Aliganj, District Etah, pending before learned Additional Chief Judicial Magistrate, Court No. 18, Etah District Etah.
The contention of learned counsel for the applicants is that in F.I.R. 70-80 criminal elements are alleged to have snatched away the ballot papers and destroyed them and out of it, the name of the present applicants have been falsely taken due to political rivalry by O.P. No.2; the proceedings require to be quashed failing which it would amount to abuse of process of court.
Learned A.G.A. vehemently opposed the quashing of the charge-sheet and has pointed out that in the statements of first informant and some other witnesses, the accused were identified to be involved in said occurrence.
Heard learned counsel for the applicants and learned A.G.A.
As per F.I.R., the occurrence took place on 9.10.2005 at about 11.20 a.m. The accused applicants being among 70-80 anti social elements, some of whom had deadly weapons with them, had snatched away the ballot papers from the polling centre, Mitaulia and destroyed ballot papers and started putting stamps forcibly on ballot papers.
Factual aspect cannot be examined in proceedings under Section 482 Cr.P.C., hence, no case is made out for quashing the charge-sheet and it is, accordingly, refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 days 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 :- 29.3.2018
A. Mandhani