Court No. - 35
Case :- APPLICATION U/S 482 No. - 9606 of 2018 Applicant :- Kamta Prasad And 8 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surya Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Harkauli,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
In respect of the F.I.R. filed against the petitioner, investigation proceeded and ultimately chargesheet bearing no. 01/17 dated 03.09.2017 was submitted.
The learned counsel for the petitioners submits that this matter is based on false allegations and the reason therefor is another F.I.R. by the accused against the complainant side, copy whereof has been filed on page 94 of the paper-book. He further submits that a civil litigation in respect of property was going on between the parties for long. According to learned counsel for the petitioners, in the F.I.R. lodged against the private respondent, serious injuries have been sustained while injuries from the side of the petitioners are minor and superficial in nature.
Civil dispute can utmost offer the ground for inimical relationship between the parties and, therefore, a reason for false implication but it can make the occurrence equally probable.
If at all the F.I.R. as on page 94 of the paper-book is taken as a cross case, which of the parties was aggressor in the incident cannot be determined merely on the basis of lessor injuries being sustained by the petitioners' side. This is a matter to be settled after evidence taken during trial.
In the aforesaid circumstances, no sufficient ground for quashing of the chargesheet is made out.
This petition is accordingly lacking in merit and is dismissed.
However, it is provided that if the petitioners surrender before the learned court below within a period of thirty days from today and move their bail application, the same shall be considered in the light of principles laid down in the case of Smt. Amrawati and another vs. State of U.P. [2005 Crl.L.J. 755], which has been affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and Ors.[(2009) 4 SCC 437].
Order Date :- 23.3.2018 kkv/