Court No. - 27
Case :- APPLICATION U/S 482 No. - 47729 of 2018
Applicant :- Haffizullah And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Afshan Shafaut,Mohammad Mustafa
Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed praying for quashment of impugned charge sheet dated 30.10.2018 in Special Criminal Case No.124 of 2018 arising out of Case Crime No. 139 of 2018, under Sections 323, 504, 506 I.P.C. and 3(1) (द) (ध) of SC/ST Act, P.S. Mohana, District Siddharth Nagar, pending in the court Second Additional Session/Special Judge SC/ST Act, Siddharth Nagar.
F.I.R. has been lodged by the O.P. No.2 against the applicants under Section 156(3) Cr.P.C. on the allegation that applicants/accused have abused and beaten O.P. No.2 as a result of which, O.P. No.2 suffered injuries. When the police did not register the F.I.R., O.P. No.2 submitted an application under Section 156(3) Cr.P.C. and on the direction of the court below, F.I.R. was registered against the applicants. Police after investigation, filed charge sheet on 30.10.2018 against the applicants under Sections 323, 504, 506 I.P.C. and 3(1) (द) (ध) of SC/ST Act. Second Additional Session/Special Judge SC/ST Act, Siddharth Nagar by order dated 05.12.2018 took the cognizance and summoned the applicants/accused.
Learned counsel for the applicants has contended that F.I.R. lodged by the O.P. No.2 is nothing but abuse of process of the Court as the same has been lodged as a counter case of F.I.R. lodged by the applicants against the O.P. No.2. He further submits that from the material collected during the investigation, no offence is made out against the applicants/accused.
From the material on record, this Court is not inclined to exercise its power under Section 482 Cr.P.C. at this stage and the submission of learned counsel for the appellants, on the basis of material on record that no offence is made out is misconceived.
However, considering the facts and circumstances of the present case that present case is counter case of the F.I.R, it is directed that in case, applicants appear and surrender before the court below within 30 days from today and applies for bail, their prayer for bail shall be considered and decided by the court below 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 22.1.2019 Sattyarth