Court No. - 17
Case :- APPLICATION U/S 482 No. - 10113 of 2018 Applicant :- Madan Rajput Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved seeking quashing of the entire proceedings of entire proceedings of Special Case No.507 of 2017 (State vs. Kalyan and others) arising out of Case Crime No. 403 of 2017 under sections 147, 354, 452, 323, 504, 506, 352 IPC and 3(1)(da) SC/ST Act P.S. Garautha, District Jhansi.
It is contended by the learned counsel for the applicants that the opposite party no. 2 has falsely implicated the accused- applicant. The police has not made proper investigation in this matter and has filed charge-sheet in a routine manner. If proceedings are allowed to continue that would amount to an abuse of process of court.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, in the night of 29.8.2017 at about 11.00 A.M. when she was sleeping with son and daughter-in-law then accused-applicants along with few other persons who are named in the FIR have assaulted her. The police after investigation in this case has filed charge-sheet against the present accused-applicants. On the basis of evidence collected by the police under section 161 Cr.P.C., cognizable offence is made out against the applicants. At this stage, the statement recorded by the police during investigation may not be disbelieved without trial in this case. Hence no substance is found in the argument of the learned counsel for the applicants. At this stage, no case is made out for quashing the charge sheet.
The prayer for quashing the proceedings of the aforesaid case as well as quashing charge-sheet 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-down 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 :- 29.3.2018 AU