Court No. - 77
Case :- APPLICATION U/S 482 No. - 17120 of 2019 Applicant :- Chandra Kant Marodiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for opposite party No.2 and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 26.9.2017 arising out of Case Crime No. 93 of 2017, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Buddh Nagar pending in the Court of Civil Judge(Sr. Div.)/FTC, Gautam Buddh Nagar and to stay further proceeding of the case.
Learned counsel for the applicant submitted that impugned charge sheet is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned charge sheet has been passed after considering whole evidence on record and is just and legal.
From perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicant.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of finally.
Order Date :- 30.4.2019 P.P.