Court No. - 15
Case :- APPLICATION U/S 482 No. - 6484 of 2018 Applicant :- Brahma Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mahesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the charge sheet dated 28.12.2013 and the entire proceeding in Case No.350 of 2014 State Vs. Brahma Singh and others, under Sections 353, 352, 506 IPC and Section 3 of Prevention of Property Damages Act, Police Station Phase-II, NOIDA, District Gautam Buddh Nagar, pending in the court of 3rd Additional Chief Jjudicial Magistrate, Gautam Buddh Nagar.
Contention has been raised on behalf of the applicants to the extent that in this case, the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicants. There is no apparent error exist against the applicants. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.
Learned AGA has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.
Considered the above submissions and the contents disclosed in the first information report and charge sheet. No good ground is made out for quashment of the impugned charge sheet.
Accordingly, the prayer for quashment of the impugned charge sheet and the proceeding is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.2.2018 rkg