Court No. - 49
Case :- APPLICATION U/S 482 No. - 38144 of 2018 Applicant :- Kailashi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Raghubir Singh, learned counsel for the applicants and Sri Gaurav Singh, learned AGA for the State are present.
This is an application under section 482 Cr.P.C. challenging the charge- sheet dated 21.3.2018 in Case crime no. 09 of 2018 under section 323, 324, 504, 506, 308 IPC, (State versus Kailashi and others), Police Station Etadat Nagar, District Agra.
Learned counsel for the applicants submits that the FIR was lodged on 19.1.2018 by falsely implicating the applicants and no incident, as stated, has taken place. He further submits that injured was medically examined and no grievous injury was found on the body of the injured. All the injuries are opined as simple in nature. He also submits that Investigating Officer recorded statement of some of the injured and some interested witnesses have falsely supported the case of the prosecution.
Counsel for the applicants submits that no offence is made out against the applicants.
Prayer for quashing the charge-sheet has been opposed by learned AGA by submitting that all the applicants have been named in the FIR, the statement of injured Sonu Singh and other witnesses Kiran Devi has been recorded. According to the learned AGA for the State there is no ground for quashing of the charge-sheet.
I have carefully gone through the material on record. I do not found any ground to quash the charge-sheet and the same is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 15 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 applicants in the aforesaid case for a period of 15 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail 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 :- 28.11.2018/SU.