Court No. - 17
Case :- APPLICATION U/S 482 No. - 5762 of 2018
Applicant :- Dara Singh And 2 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Manish Chandra Tiwari,Mridul Chandra Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of charge-sheet No. 142 of 2012 dated 29.07.2012 of Criminal Case No. 3158 of 2012 arising out of Case Crime No. 317 of 2012 under Sections 122D U.P.Z.A. and L.R. Act read with Section 506 I.P.C. Police Station Ahirauli Bazar, District Kushinagar, pending before learned Additional C.J.M., District Kushinagar.
It is contended by the learned counsel for the applicants that O.P. No.2 has falsely implicated the accused applicants in this case; in-fact, the lease was executed in the name of two brothers, Ram Bilas and Dharam Raj on 20.09.1991; on that point of time, there was a provision that a lease could be executed only in one name, hence, the same was executed in the name of Ram Bilas but it was orally agreed that the accused applicant No.3, Dharam Raj shall have equal rights on the said land given on lease.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Wife of the O.P. No.2 has alleged against the accused applicants that they tried to encroach upon her land an also issued threats to her life; on the basis of that complaint, the F.I.R. was lodged. The police after investigation has found the prima-facie case proved against the accused applicants. At this stage, the evidence cannot be looked into as the same requires trial of the case. There is no sufficient ground for quashing of the charge- sheet.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 days from today or till the disposal of the application for grant of bail 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2018
A. Mandhani