Heard Mr. Anil Kumar Bind, learned counsel for the applicants and Mr. Deepak Mishra, learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Criminal Case No. 3073 of 2020, State vs. Dinesh @ Janjali and others (arising out of Case Crime No. 6 of 2020) under Sections 452, 323, 504, 506, 427 I.P.C., Police Station Fatehgarh Kotwali, District Farrukhabad pending in the Court of the Chief Judicial Magistrate, Farrukhabad.
The submission of the learned counsel for the applicants is that they have been implicated mala fide as the adopted son of the first informant would eve tease the daughter of applicant no. 1. A first information report relating to the incident was lodged by Smt. Vineeta, wife of applicant no. 1, for offences punishable under Sections 147, 452,354,376,511,506 I.P.C. and Section 7/8 POCSO Act on 28.12.2019. It is submitted that this prosecution has been brought as an abuse of process of Court in order to browbeat the applicant into withdrawing from the prosecution of their case against the informant's son.
Learned A.G.A. has opposed the motion to admit this application to hearing.
This Court has perused the impugned charge sheet. Amongst other things, the medico legal report of injury on record shows as many as four contusions suffered by the victim, Mishri Lal, in consequence of the offence subject matter of the present proceedings. Two of these contusions are located on the scapular region.
Considering the overall facts and circumstances, no case for quashing the impugned proceedings is made out. Accordingly, the prayer for quashing the impugned proceedings 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 Supreme Court 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 theapplicants. However, in case, theapplicants 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 :- 8.2.2021 BKM/-