Court No. - 52
Case :- APPLICATION U/S 482 No. - 6731 of 2018 Applicant :- Hari Narayan Singh And 7 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Om Prakash Yadav, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings in Case No.29 of 2018 (State Versus Hari Narayan Singh and others) as well as charge sheet dated 21.1.2018 arising out of Case Crime No.395 of 2017 under Sections 147, 148, 308, 324, 325, 427, 504 and 506 I.P.C., P.S. Pakri, District Ballia, pending in the court of Sessions Judge, Ballia.
The contention of learned counsel for the applicants is that prima facie no offence under Section 308 I.P.C. is not made out. Applicant nos. 1 to 7 have been granted bail by this Court considering the gravity and nature of offence. It is now contended that applicant no.8 has yet to surrender and obtain bail.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the proceedings impugned is refused.
However, it is provided that if the applicant no.8 appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided on same day 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. and also considering that the other co-accused have already been granted and the courts below shall take into account that the case of the applicant no.8 stands at par with other co-accused. For a period of 45 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 applicant. However, in case, the applicant no.8 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.2.2018 MN/-