Court No. - 49
Case :- APPLICATION U/S 482 No. - 29893 of 2018
Applicant :- Brijendra Bahadur Yadav @ Appu And 12 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 3.6.2015 as well as the entire proceedings of Case No. 5454 of 2015 (State Vs. Bijendra Bahadur Yadav and Others), arising out of Case Crime No. 68 of 2015, under Sections- 147, 323, 504, 325, 308 I.P.C. and Section 3 (1)X SC/ST Act, Police Station- Phoolpur, District- Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh.
Learned counsel for the applicants submits that he does not want to press this application on behalf of the applicant no.9 since, the applicant has already been arrested. Let the name of application no.9 be deleted from the array of the parties. The nos. 10 to 13 be renumbered from 9 to 12 during the course of the day.
Learned counsel for the applicants submits that at present no ingredients of offence alleged under Section 308 IPC is made out and it is a cross case to the earlier FIR lodged by the applicants arising from the same occurrence.
Having considered above, the question whether the injuries and other material exists has make out the ingredients of offence alleged under Section 308 IPC taken remain the matter to examined at the stage of discharge.
Insofar as the other applicants are concerned, it is difficult to quash the entire order or summoning order of the applicant at this stage, however, all the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 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.
With the aforesaid directions, this application is finally disposed of.
Once the applicants have been thus enlarged on bail, it would be open to them to seek discharge at appropriate stage, which application if filed shall be decided in accordance with law without being influenced by any observation made in this order.
Order Date :- 5.9.2018 Gaurav Pal