Court No. - 17
Case :- APPLICATION U/S 482 No. - 5713 of 2018 Applicant :- Guddu Chaudhary Opposite Party :- State Of Up Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the charge sheet dated 28.6.2017 arising out of Case Crime No. 197 of 2017, under Section 307 IPC, P.S. Amroha Nagar, District Amroha.
It is contended by the learned counsel for the applicant that the accused has been falsely implicated by police because he has a shop in the locality, where police personnel had got their bicycle repaired and when money was asked by him, they have got him falsely implicated in this case. There is no injury caused to any police personnel, although it is alleged that the applicant had fired upon them. He was also granted protection in Criminal Misc. Writ Petition No. 11021 of 2017 (Guddu Chaudhary Vs. State of U.P. and another), till the submission of police report under Section 173 (2) Cr.P.C.
Perused the FIR. As per FIR, the prosecution's case is that the accused-applicant had fired upon the police party but fortunately no one got injured. The statement of witnesses, although they are police witnesses, has come on record proving FIR version, hence, at this stage their statements may not be dis-believed in proceeding u/s 482 Cr.P.C. as the same requires trial in this case.
Accordingly, prayer for quashing the charge sheet is refused.
However, it is provided that if the applicant appears and surrender before the court below within 30 days from today and applies for bail, his prayer for bail may 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant 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 :- 23.2.2018 A.P. Pandey