Court No. - 49
Case :- APPLICATION U/S 482 No. - 29155 of 2018 Applicant :- Dinesh Mishra And 27 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 24.12.2014 passed by learnd C.J.M., Maharajganj taking cognizance on the charge-sheet as well as entire proceedings of Case No. 5903/2014, arising out of Crime No. 2220/10, under Sections 147, 323, 504, 506, 308 of I.P.C., and section 7 of Criminal Law Amendment Act, Police Station Kotwali, District Maharajganj.
Learned counsel for the applicant submits that though the FIR was lodged against some of the applicants for the offence under Sections 323, 504 and 147 of the I.P.C., and they had been enlarged on bail. It is then submitted that the allegations were blown out of proportion inasmuch as there are only three injured persons while half of the village have been implicated on such occurrence. It is further submitted that the charge-sheet was also submitted under Section 506 and 308 I.P.C., though there is only one injury which may qualify for offence under Section 308 I.P.C., caused to one injured. With respect to that injury, there is no specific role assigned to any of the applicants.
Shri Ankit Kumar Srivastava, learned AGA on the other hand submits that apart from the objection being raised by the learned counsel for the applicant, the prosecution is not liable to be quashed in view of the fact that ingredient of offence under Section 147 I.P.C. is in any case complete.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 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 Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of. Order Date :- 24.8.2018 Prakhar