Court No. - 53
Case :- APPLICATION U/S 482 No. - 14735 of 2018 Applicant :- Jamvant And 3 Ohters Opposite Party :- State Of Up And Another Counsel for Applicant :- Buddha Prakash,Sushil Kumar (Ii) Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Buddha Prakash, learned counsel for the applicants and Sri Saqib Meezan, learned AGA alongwith Sri Avanish Shukla appearing for the State.
This application has been filed under Section 482 Cr.P.C. seeking to quash the impugned chargesheet dated 05.02.2017 as well as entire proceeding of SST No.174 of 2017 (State Vs. Jamvant & Ors.) arising out of Case Crime No.18 of 2017, under Sections 323, 504, 506 IPC and 3(1)(X) Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989, PS Rasra, District Ballia pending in the Court of Additional Sessions Judge-II, Ballia.
The submission of the learned counsel for the applicants is that there is a dispute between the applicants and the complainant/opposite party over the construction of an RCC Road in the village which led two FIRs to be lodged on both sides; the FIR giving rise to the present charge sheet and the other an NCR lodged by the applicants against the complainant/opposite party. Both sides have sustained injuries and there are medico legal reports on record.
Looking to the fact that there are virtually two cross-cases relating to the same occurrence and both sides sustained injuries, it is not possible for this Court to examine and determine the same under Section 482 Cr.P.C. The prayer for quashing the impugned charge sheet is, therefore, refused.
It is however, provided that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 Supreme 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 the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 30.4.2018 Shahroz