Court No. - 53
Case :- APPLICATION U/S 482 No. - 34611 of 2018 Applicant :- Chintu Tiwari And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Naveen Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Naveen Kumar, learned counsel for the applicants and Sri Sudhir Kumar Pathak, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.28224 of 2018-State Vs. Chintoo & Ors. (arising out of Case Crime No.07 of 2008), under Sections 147, 323, 506, 427, 452, 354 IPC, PS Sisamau, District Kanpur Nagar pending in the Court of Additional Chief Metropolitan Magistrate-III, Kanpur 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 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 CrPC. 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.
Accordingly, the prayer for quashing the charge sheet is 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 the Hon'ble Supreme 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 the applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
However, in case the applicants make an application for discharge at the appropriate stage, the same shall be considered in accordance with law uninfluenced by anything said in this order.
With the aforesaid directions, this application is finally disposed of. Order Date :- 27.9.2018 Shahroz