Court No. - 53
Case :- APPLICATION U/S 482 No. - 30636 of 2018 Applicant :- Chandra Prakash And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kishore,Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.1571 of 2018-State Vs. Chandra Prakash & Ors. (arising out of Case Crime No.0607 of 2017), under Sections 323, 504, 354, 452 IPC against applicant no.1 and Sections 323, 504 IPC against applicant nos.2, 3 & 4, PS Mahuli, District Sant Kabir Nagar pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 CrPC. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicants, on the basis of which the impugned charge sheet can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
So far as applicant nos.1 & 2 no case for interference is made out. Accordingly, the prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if applicant nos.1 & 2 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 applicant nos.1 & 2 surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, both the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
In so far as applicant nos.1 & 2 are concerned, with the aforesaid directions, the application is finally disposed of.
However, so far as applicant nos.3 & 4 are concerned they are minor daughters of applicant nos.1 & 2 and looking to the nature of the allegations it does prima facie appear to be incredible that a case of the kind alleged under Sections 323, 504, 354, 452 IPC is made out against applicant nos.3 & 4.
Accordingly, let notice be issued only to the extent of the prayer relating to applicant nos.3 & 4.
Learned AGA will file a counter affidavit on behalf of the State.
Meanwhile further proceedings in so far as it relate to applicant no.3, Chanchal and applicant no.4, Khusbooin in Case No.1571 of 2018-State Vs. Chandra Prakash & Ors. (arising out of Case Crime No.0607 of 2017), under Sections 323, 504 IPC, PS Mahuli, District Sant Kabir Nagar pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar shall remain stayed.
Order Date :- 5.9.2018 Shahroz