Court No. - 53
Case :- APPLICATION U/S 482 No. - 17493 of 2018 Applicant :- Bishambhar Singh Chauhan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Sharma,Gaurav Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Anurag Sharma, learned counsel for the applicants and Sri Sudhir Kumar Pathak, learned AGA for the State.
This application has been filed seeking to quash the entire proceeding of Case No. 5780 of 2018 (State vs. Bishambhar Singh Chauhan and another), arising out of Case Crime No. 11 of 2017, under Sections 307, 504, 506 IPC, P.S. Chhattari, District Bulandshahar pending before the Chief Judicial Magistrate, Bulandshahar as well as charge sheet dated 18.05.2017.
The submission of the learned counsel for the applicants is that the prosecution story is malicious, incredible and false. It has been brought in order to scuttle rights involved in a civil suit pending between the parties filed by opposite party no.2 against three persons including the applicants before the Civil Judge being O.S. No. 327 of 2016. The incident dated 18.01.2018 is so fake and incredible that though there is an allegation of opening fire by the applicants but no injury has been sustained by the second opposite party or anyone else. It is submitted that the place of assault is a market place and the allegation, therefore, is absolutely incredible as in the said area opening fire would certainly have resulted in gun shot injury to someone if not the second opposite party.
Learned AGA has opposed the motion to admit this application to hearing. It is submitted that after investigation the police have recorded statements that constitute materials in the case diary to show that in fact the offence was committed.
The mere fact that no injury was sustained as a result of shooting only shows that the applicants are poor shots. On this ground alone an otherwise heinous offence of the present kind and its proceeding cannot be quashed at the threshold. The allegation may be true or untrue but all that requires the scrutiny of a trial. The prayer for quashing the charge sheet is, therefore, refused.
However, considering the facts and circumstances of the case, it is provided that if the applicants appear and surrender before the 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 Apex 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 disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicants in the aforesaid case.
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 :- 29.5.2018 Imroz