Court No. - 40
Case :- APPLICATION U/S 482 No. - 22229 of 2019 Applicant :- Krishna Bahadur And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A.,Rahul Saxena
Hon'ble Rajiv Gupta,J.
Shri Rahul Saxena, Advocate has filed Vakalatnama on behalf of first informant, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Rahul Saxena, learned counsel for the first informant and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge sheet No.364/18 dated 4.10.2018 as well as cognizance order dated 10.12.18 in Case Crime No.403/2018 (State Vs. Krishna Bahadur and others), under Sections 147, 148, 323, 325, 506, IPC and Section 3(2)5A, 3(1)(Dha), SC/ST (Prevention of Atrocities) Act, P.S. Bilsanda, District Pilibhit, pending in the court of Additional District & Session Judge/Special Judge (SC/ST Act) Pilibhit.
As per the allegations made in the FIR, it is alleged that on 24.8.2018 the applicants assaulted the victims by wielding lathi danda due to which number of persons suffered injuries on their persons. It is further alleged that the applicants had also addressed the victims on their caste with an intention to humiliate them in public view. On the basis of said FIR police thoroughly investigated the matter and submitted the charge sheet against the applicants on the basis of which the Additional District & Session Judge/Special Judge (SC/ST Act) Pilibhit had taken cognizance on 10.12.2018 and summoned the applicants to face trial.
From the perusal of the allegations made in the first information report and the material collected during the course of investigation, prima facie offence is clearly disclosed against the applicants, as such impugned charge sheet cannot be quashed. The prayer for quashing the charge sheet is, therefore, refused.
However, in case the applicants appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity to both the parties.
With these observations, this application is disposed of. Order Date :- 4.6.2019 T. Sinha