Heard learned counsel for the applicant and the learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Criminal Case No. 1138 of 2020, State vs. Daud (arising out of Case Crime No. 104 of 2020) under Sections 323,325,504,506 I.P.C., Police Station Chhibramau, District Kannauj, pending in the Court of the Additional Chief Judicial Magistrate, Chhibramau, District Kannauj.
Learned counsel for the applicant submits that the applicant and the second opposite party were partners and there was a civil dispute between them that have led to a motivated prosecution which is an abuse of process of Court to settle a business dispute.
Mr. Deepak Mishra, learned A.G.A. opposed the motion to admit this application to hearing.
This Court has perused the impugned charge sheet and the materials on record. It figures that there are statements of witnesses supporting the prosecution and, in particular, there is a medico legal examination report dated 10.02.2020 which shows four injuries sustained by the second opposite party, where there are multiple injuries of human teeth bite besides a contused swelling and an abraded contusion. In the supplementary medical report dated 13.02.2020, a crack fracture on the right side of the parietal region has been indicated.
Considering the aforesaid material, no case for quashing the impugned charge sheet is made out. The prayer to quash the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by the Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 8.2.2021 BKM/-