Court No. - 40
Case :- APPLICATION U/S 482 No. - 22409 of 2019 Applicant :- Jyoti Yadav And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Prabha Upadhyay,R P Rajan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.1.2019 as well as entire criminal proceedings of Criminal Case No. 1285 of 2019 arising out of Case Crime No. 236 of 2018, under Sections 452, 354-B, 504, 506, 323 IPC. P.S.
Kotwali, District- Varanasi, pending before the Addl. Chief Judicial Magistrate, Court No. 2, Varanasi.
As per the allegations made in the first information report, it is alleged that on 7.11.2018at about 11 a.m., the applicants forcibly entered in the house of the victim and disrobed her and committed indecent act with her. On the basis of first information report, the police thoroughly investigated the matter and submitted charge sheet against the applicants under Sections 452, 354-B, 504, 506, 323 IPC.
From the perusal of the first information report and the material collected during the course of investigation, prima facie offence is clearly disclosed against the applicant and as such impugned charge sheet cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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 prayer for quashing the charge sheet is refused. However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. 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, this application is finally disposed of.
Order Date :- 6.6.2019 KU