Court No. - 40
Case :- APPLICATION U/S 482 No. - 22169 of 2019 Applicant :- Girish Pachori And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire criminal proceedings of Case No.6900358 of 2018 (State Vs. Girish Pachori and others) arising out of Case Crime No.441 of 2017, under Sections 147, 323, 504, IPC, P.S. Shahganj, District Agra, pending before the Additional Chief Judicial Magistrate, Court No.4, Agra as well as impugned order dated 8.5.2019 passed by Additional Session Judge, Court No.17, Agra in Criminal Revision No.381 of 2018 (Girish Pachori Vs. State of U.P. and others).
As per the allegations made in the FIR, it is alleged that on 3.7.2017 at about 9.00 in the evening the applicants entered into the matrimonial house of the victim and assaulted her due to which she suffered injuries. On the basis of said allegation, FIR was lodged and the police after making thorough investigation submitted the charge sheet against the applicants. On the basis of said charge sheet the learned magistrate had taken cognizance on 9.4.2018 and summoned the applicants to face trial under Sections 147, 323, 504, IPC vide order dated 9.4.2018. Being aggrieved by the said order dated 9.4.2018 the applicants filed revision before the court below and the revisional court passed a detailed order rejecting the said revision vide order dated 8.5.2019. Against the said two orders present application under Section 482, Cr.P.C. has been filed.
From the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is disclosed against the applicants and therefore, revisional court has rightly rejected the revision filed by the applicants. As such the impugned orders does not require any interference.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. 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, this application is finally disposed of.
Order Date :- 3.6.2019 T. Sinha