Court No. - 53
Case :- APPLICATION U/S 482 No. - 17505 of 2018 Applicant :- Dasharath Bind And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Alok Kumar Mishra, learned counsel for the applicants and Sri D.P.S. Chauhan, learned AGA for the State.
This application has been filed seeking to quash the charge sheet dated 16.03.2018 and cognizance order dated 17.03.2018 as well as entire proceedings of Criminal Case No. 227 of 2018, State vs. Dasharath Bind and others, arising out of Case Crime No. 36 of 2018, under Sections 308, 325, 323, 504 IPC, P.S. Mardah, District Ghazipur pending in the court of learned Judicial Magistrate, Ghaizipur.
The submission of the learned counsel for the applicant is that he has been implicated malafide by the complainant/opposite party through an NCR dated 27.06.2017 that was registered under Section 323, 504 IPC on account of the proverbial village rivalry over political differences. It is pointed out by learned counsel for the applicant that in the examination of injuries undertaken at the government hospital one lacerated wound to the head almost in the front of the parital region 6 cm x 5 cm linear in shape in the anterior posterior direction with active bleeding present was found that was referred to x-ray examination. The report of the hospital from x-ray examination is NAD. The submission is that this clearly shows that no case under Sections 308 and 325 IPC would be made out.
The learned AGA has opposed the motion to admit this application to hearing. He pointed out that for further management the patient was taken to the care of V.K. Global Hospital, Varanasi where on doing a CT scan a fracture to the frontal bone was found as would be evident from a memo dated 08.03.2018 sent by the said hospital to the S.H.O. of P.S. Mardah, District Ghazipur along with the CT Scan film. It is on the basis of the said evidence the case was converted to one under Sections 325 and 308 IPC.
Upon consideration of the said fact it cannot be said that there is no evidence in the case diary and looking to the said injuries the proceedings cannot be quashed at the threshold in exercise of jurisdiction under Section 482 Cr.P.C. The prayer for quashing the proceedings is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his 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 disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicants in the aforesaid case.
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, the application is finally disposed of.
Order Date :- 29.5.2018 Imroz