Court No. - 74
Case :- APPLICATION U/S 482 No. - 56 of 2021 Applicant :- Kishan Saini And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This Application has been filed seeking to quash the entire proceeding of Criminal Case no.611 of 2020, State vs. Kishan Saini and others (arising out of Case Crime no.92 of 2020), under Sections 452, 147, 323, 506 IPC, Police Station Hafizpur, District Hapur, pending in the Court of the Judicial Magistrate-II, District Hapur.
Heard Mr. Ramesh Kumar Pandey, learned Counsel for the applicants and Mr. Akhilesh Kumar Mishra, learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicants is that the applicants have been implicated mala fide in the present crime. A perusal of the charge sheet shows that it is a case of assault after entering the informant's home, where the informant's brothers, brother's son and the brother's wife have been assaulted. It appears that injuries have been sustained and there is a mention about the supplementary medical report in the charge sheet.
Learned A.G.A. has opposed the motion to admit this Application to hearing.
In the circumstances, it is not possible for this Court to examine the truth of the applicants' disputed defence in the present proceedings under Section 482 Cr.P.C.
The prayer to quash proceedings is, accordingly, refused.
However, in case the applicants surrender before the Court below within 45 days from today and apply for bail, the same 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., 2004 (57) ALR 290 and affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against the applicant. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
This Application stands disposed of accordingly.
Order Date :- 7.4.2021 Anoop