Court No. - 49
Case :- APPLICATION U/S 482 No. - 42468 of 2018 Applicant :- Iqbal Opposite Party :- State Of Up And Anr Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Ms. Ruchita Jain, learned counsel for the applicant and Sri Manoj Kumar Singh, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 22.1.2018 and the order of cognizance including summoning order dated 23.2.2018 passed by the learned Special, SC/ST Act, Jhansi in S.T. No.232 of 2018 (State Vs. Iqbal), under Sections 323, 504, 506, 427 I.P.C. and Section 3(1)(r) & 3(1)(s) of the SC/ST Act, arising out of Case Crime No.0009 of 2018, P.S. Sipari Bazar, District Jhansi.
Learned counsel for the applicant submits that the FIR was registered against three accused persons including the applicant and on completion of the investigation, charge-sheet has been filed against the applicant for the offence under Sections 323, 504, 506, 427 I.P.C. and Section 3(1)(r) & 3(1)(s) of the SC/ST Act. He also submits that the applicant has been falsely implicated in the case and no role has been assigned to the applicant.
Learned A.G.A. for the State has opposed the aforesaid prayer by submitting that there is specific allegations against the applicant and there is no ground for quashing the charge sheet dated 22.1.2018 and the order of cognizance including summoning order dated 23.2.2018.
I have carefully considered the submissions made by learned counsel for applicant as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case, at this stage, it cannot be said that no offence is made out against the applicant. In my view, the submissions made by learned counsel for applicant relate to disputed questions of facts and the same can not be adjudicated upon at this stage in the application under section 482 Cr.P.C. The submission made by learned counsel for the applicant is matter of defence.
The Hon'ble Supreme Court in the case titled as 'R.P. Kapur Vs. State of Punjab' A.I.R. 1960 S.C. 866, 'State of Haryana Vs. Bhajan Lal' 1992 SCC (Cr.) 426, 'Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another', 2005 SCC (Cr.) 283 (Para-10) has observed that at the stage of congnizance, only prima-facie case has to be seen.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant, I do not find any ground to quash charge sheet dated 22.1.2018 and the order of cognizance including summoning order dated 23.2.2018, and the same are declined.
However, in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290, the applicant is directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 30 days or till the application filed by the applicant is decided, whichever is earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 29.11.2018 Vivek Kr.