Court No. - 53
Case :- APPLICATION U/S 482 No. - 17801 of 2018 Applicant :- Dinesh Patel And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Prakash Dwivedi, learned counsel for the applicants and Sri Nitin Kesarwani, learned AGA for the State.
This application has been filed seeking to quash the entire proceedings and charge sheet dated 28.02.2012 in Case No. 5312 of 2017, State vs. Dinesh Patel and others, arising out of Case Crime No. 66 of 2012, under Sections 147, 323, 427, 325 IPC and 3(1)X of SC/ST Act, P.S. Marihan, District Mirzapur pending in the court of Judicial Magistrate, Mirzapur.
The submission is that the applicant has been falsely implicated mala fide on account of extraneous consideration and to abuse the process of court. It is urged that the injuries have been examined medically in collusion with the doctor who has drawn up a false injury report, and, after the x-ray report pursuant to the initial medical examination, Section 325 IPC has been added.
It has further been argued that opposite party no.2 is associated with a certain political party details of which are mentioned in paragraphs 13 and 14 of the affidavit.
Learned AGA has opposed the motion to admit this application to hearing and has pointed out that there are injuries sustained by the victim Shyam Narain which include a fracture of nasal bone left side, and, otherwise, on a general examination has been found to have sustained one contusion and three abrasions. Also, injuries have been sustained by Vijay Kumar @ Pappu Kol, being two contusions, one below the left eye and the second on the right side back below the angle of right scapula.
Looking to the said injuries, it cannot be said that no evidence is there on record against the applicants and there are material in the case diary which have to be examined at a duly constituted trial. No case for interference in the impugned charge sheet is made out. Prayer for quashing the charge sheet 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 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 :- 28.5.2018 Imroz