Court No. - 53
Case :- APPLICATION U/S 482 No. - 33776 of 2018 Applicant :- Devendra Mishra @Devendra Kumar Mishra Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
It is stated at the Bar by Sri P.K. Tiwari holding brief of Sri R.P. Srivastava, Advocate that the present application is the first application in relation to case crime no. 1120D/2006 under section 147, 452, 379, 435, 427 I.P.C. and Section 3 D.P.P. Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar. He has clarified that earlier applications have been filed in relation to Case Crime Nos. 1120A/2006, 1120B/2006, 1120C/2006 but not case crime No. 1120D/2006.
Heard learned counsel for the applicant and learned A.G.A. on behalf of the State.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Case No. 3399 of 2008, State vs. Indrashekhar Singh @ Guddu and others, (arising out of Case Crime No. 1120D of 2006), under Sections 147, 452, 379, 435, 427 I.P.C. and Section 3 D.P.P. Act, Police Station Kotwali Khalilabad, 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 Cr.P.C. 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 applicant, 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 applicant appears and surrenders before the court below within 45 days from today and applies 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 the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 25.9.2018 BKM/-