Heard learned Counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking to quash the proceedings of Case No.36/IX/2021, State vs. Kuldeep @ Babloo (arising out of Case Crime no.283 of 2020), under Sections 354, 504, 506 IPC, Police Station Baberu, District Banda, pending in the Court of the Judicial Magistrate, Baberu, Banda.
It is submitted by the learned Counsel for the applicant that the applicant has been falsely implicated in the present crime because earlier the applicant has lodged an FIR giving rise to Case Crime no.282 of 2020, under Sections 323, 504, 506 IPC and Sections 3(1)(Da), 3(1)(Dha), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Police Stationi Baberu, District Banda on 24.10.2020.
Learned A.G.A. has opposed the motion to admit this Application to hearing.
The Court has perused the impugned charge sheet. There is a statement of the prosecutrix recorded under Section 164 Cr.P.C., which supports the allegation prima facie under Section 354 IPC. In the opinion of this Court, there is sufficient material in the case diary, that requires to be examined by the Trial Court, either at the trial or before that while dealing with a motion for discharge. It is not a case of no material, where the charge sheet can be quashed or on any other ground reputed under the law.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the Court below within 45 days from today and applies for bail, his prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by the Supreme Court Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders, whichever is earlier, no coercive action shall be taken against the applicant. 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, the application is finally disposed of.
Order Date :- 5.2.2021 Anoop