Court No. - 53
Case :- APPLICATION U/S 482 No. - 19690 of 2018 Applicant :- Bhulli Nishad @ Bhulli Lal And 2 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Dinesh Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Dinesh Mishra, learned counsel for the applicants and Sri Nitin Kesharwani, learned AGA alongwith Sri Abhinav Tripathi, appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the entire proceedings of Criminal Case No.09 of 2018 (State of UP Vs. Bhulli Nishad & Ors.) arising out Case Crime No.0409 of 2017, under Sections 323, 504, 506 IPC and Section 3(2)(5)(Ka), 3(1)(Dha) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, PS Sarai Akil, District Kaushambi.
The submission of the learned counsel for the applicants is that they have been falsely implicated in the case that has been lodged by opposite party no.3 mala fide in order to bring statutory benefits under the law. The entire story in the FIR is incredible and the impugned charge sheet is the result of an unfair, one sided, unilateral and lackadaisical investigation.
Learned AGA has opposed the motion to admit this application to hearing and has pointed out that there are specific materials in the case diary that show commission of offence after a quarrel by applicant no.1, Bhulli Nishad and the other applicants of abusing, insulting, misbehaving by use of caste suggestive words to the hearing of others and in public which stand vindicated on the basis of materials in the case diary. It may further be noticed that it is admitted to the applicants that the complainants have sustained injuries in the incident but the injury reports are not available.
Looking to the aforesaid state of evidence, it is not a case which can be interfered with in exercise of powers under Section 482 CrPC. The prayer for quashing the impugned proceedings is, therefore, refused.
However, looking to the facts and circumstances, it is directed that in case the applicants appear and surrender before court below within 45 days from today and apply for bail, their 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 Hon'ble 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 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, the application is finally disposed of.
Order Date :- 30.5.2018 Shahroz