Court No. - 27
Case :- APPLICATION U/S 482 No. - 1518 of 2019
Applicant :- Bhagwat And 5 Ors
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present application under Section 482 Cr.P.C. has been preferred by the applicants for quashment of charge sheet dated 12.12.2017 and entire proceedings of S.S.T. No.278 of 2018 (State Vs. Bhagwat and others), under Sections 147, 447, 434, 504 I.P.C. and 3(1) Da, 3(1) Dha of SC/ST Act, bearing Case Crime No. 1133 of 2017, P.S. Talbehat, District Lalitpur, pending in the court of District and Sessions Judge, Lalitpur.
F.I.R. has been lodged by the O.P. No.2 on the allegation that applicants have encroached upon the land of O.P. No.2 and put fire on the hut over the agricultural field and abused O.P. No.2. Further, allegation made in the F.I.R. is that applicants have also extended threat of death to O.P. No.2. Police after investigation, submitted charge sheet on 12.12.2017 for the offence under Sections 147, 447, 434, 504 I.P.C. and 3(1)(Da), 3(1) (Dha) of SC/ST Act against the applicants.
Learned counsel for the applicants has contended that there was boundary dispute between the applicants and O.P. No.2. He submits that Lekhpal of village Myao has submitted a report on 15.11.1988 that father of O.P. No.2, Nathu has illegally taken possession over Plot No.1807. There was boundary dispute and on the application filed by the applicants, S.D.M., Lalitpur passed an order dated 18.09.2018 for demarcation of Plot No. 1807. The submission is that criminal proceedings initiated against the applicants is nothing but abuse of process of the Court.
In that view of the matter, applicants are permitted to move discharge application through counsel before the trial Court within one month from today and the trial court shall decide the same within a period of three months from the date of filing of application along with certified copy of this order.
For a period of there months or till the disposal of discharge application whichever is earlier, no coercive measures shall be taken against the applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. Their bail applications shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid observations, this application is disposed of.
Order Date :- 22.1.2019 Sattyarth