Court No. - 53
Case :- APPLICATION U/S 482 No. - 19672 of 2018 Applicant :- Gulabi Opposite Party :- State Of Up And Another Counsel for Applicant :- Anupam Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Anupam Tripathi, learned counsel for the applicant and Sri the learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed seeking to quash the impugned charge sheet No. 20 of 2016 dated 14.12.2016 in Case No. 4623 of 2017, State vs. Gulabi, arising out of Case Crime No. 2366/16, under Sections 323, 504, 506, 325 IPC and 3(1)X SC/ST Act, P.S. Katra, District Shahjahanpur.
There is evidence of a crack fracture of the scapular bone which is a grievious injury.
Looking to the aforesaid fact it cannot be said that there is no material in the case diary. No case for interference is made out in the exercise of power under Section 482 Cr.P.C. The prayer for quashing the proceedings is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his 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 applicant in the aforesaid case.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 30.5.2018 Imroz