Court No. - 17
Case :- APPLICATION U/S 482 No. - 5732 of 2018 Applicant :- Lakhan Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the case no.07/IX/2018 (State vs Lakhan Lal Yadav and others) arising out of Case Crime No.0205 of 2017 under sections 323, 353, 504 and 506 IPC P.S. Karwi Kotwali Nagar, District Chitrakoot, pending in the court of Chief Judicial Magistrate, Chitrakoot.
It is contended by the learned counsel for the applicants that the applicants themselves had called the police by dialing 100 number and when police reached at spot this false FIR has been lodged against them by police. They had enmity with Rajendra Prasad Yadav who has given statement to the police against them. They have been falsely implicated at his instance.
Heard the argument of the learned counsel for the applicants and perused the record.
The prosecution case according to FIR, is that when the accused-applicants had called the police after dialing 100 number, the police party was assaulted with the iron rods and hindrances were created in their official work and they were also abused. The police after investigation has submitted charge sheet under the aforesaid sections which are cognizable offence. At this stage the evidence gathered by the police cannot be disbelieved without trial in the case. Hence no substance is found in the argument of the learned counsel for the applicants. At this case, no case is made out for quashing the charge sheet.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With aforesaid direction, this application is finally disposed of.
Order Date :- 26.2.2018 AU