Court No. - 53
Case :- APPLICATION U/S 482 No. - 17714 of 2018 Applicant :- Gulshan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Abhinav Tripathi appearing for the State.
This application under Section 482 Cr.P.C. seeks to quash charge sheet no. 42 of 2018, dated 05.03.2018, State vs. Gulshan, arising out of Case No. 125 of 2017, under Sections 3(1)(Da) and 3(1) (Dha) of SC/ST Act and Sections 323, 324, 325, 504 IPC, P.S. Nanauta, District Saharanpur, pending before the learned Additional District and Sessions Judge, Court No.2, Saharanpur.
The submission of the learned counsel for the applicant is that he has been falsely implicated on account of mala fide in a false case based on an FIR carrying fictitious allegations to harass him and teach him a lesson for bringing a complaint against the S.D.M.
The learned AGA on the other hand has opposed the motion to admit this application to hearing and has drawn the attention of this Court to the injury report which is annexed as Annexure -2 to the affidavit.
A perusal of the injury report of the victim, Samar Pal shows a contusion on the left side of the forehead just above left eyebrow; a contusion around the neck and incised wound muscle deep on the left side chest inside of lateral aspect of left deltoid muscle, 5 cm below from his left shoulder joint and two two other contusions on the nose and the right middle finger of right hand and a missing tooth.
Looking to the nature of the injuries some of which have been caused by a sharp edged weapon and some by a hard and blunt object and injury nos. 3, 4, 5, 6 and 7 have been advised to be kept under observation with x-ray examination to be done, it cannot be said that there are no material in the case diary worth trial. No case for quashing the charge sheet is made out. The prayer for quashing the charge sheet is, therefore, 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 :- 28.5.2018 Imroz