Court No. - 53
Case :- APPLICATION U/S 482 No. - 14198 of 2018 Applicant :- Babaloo Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant and Sri Saqib Neezam, learned AGA along with Sri Avanish Shukla appearing for the State.
This application u/s 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 20.07.2016, cognizance order dated 06.10.2016 as well as entire proceeding of case no.11922 of 2016 (State Vs. Ramanand and others), arising out of case crime no.0268 of 2016, under Sections 323, 504, 308 IPC, Police Station Gagaha, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate (Senior Division) I, Gorakhpur.
A perusal of the case diary shows that the victim Meena has sustained a head injury, whereas victim Radhey Shyam has sustained six injuries that are material, which includes laceration and linear laceration over different parts of the body including vital parts. A further perusal of the X-ray report relating to victim Radhey Shyam shows that he has suffered a depressed fracture on left parietal bone overlying the scalp and a heamorrhage contusion.
Considering the materials in the case diary, it cannot be said that it is a case where this Court may exercise its jurisdiction under Section 482 Cr.P.C. to quash the charge sheet, cognizance order as well as entire proceedings of the aforesaid case.
Accordingly, prayer for quashing the entire proceeding of the aforesaid is hereby refused.
However, in case the applicant surrenders before the court below within 45 days from today and applies for bail, the same shall 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.
The Application stands disposed of accordingly.
Order Date :- 25.4.2018 Anoop