Court No. - 43
Case :- APPLICATION U/S 482 No. - 31033 of 2018 Applicant :- Mahendra Mishra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Sarvesh Chandra Mishra, learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C challenging the charge sheet dated 31.12.2014 arising out Case Crime No.960 of 2014 under sections 323,504,506 I.P.C and 3(1)X SC/ST Act P.S. Sikarara District Jaunpur.
It is submitted by learned counsel for the applicants that no offence whatsoever is made out against them, prosecution of the applicants is on account of ulterior motives, and in this connection, he relied upon certain documents and statements.
Learned A.G.A, has opposed the submission on the ground that in view of the allegations made in the F.I.R, and the statements of the witnesses, prima facie case is made out. He thus submits that the application under Section 482 CrPC is liable to be dismissed.
The law is well settled that at the stage of quashing of charge sheet, the Court has to only examine as to whether on the basis of the materials available, a prima facie case is made out against the applicants or not.
From the perusal of the material on record and looking into the facts of the case, it cannot be said that no offence is made out against the applicants. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The application is dismissed.
The court below, while considering the bail applications of the respective applicants shall bear in mind, the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) A.D.J 151.
For a period of six weeks from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 6.9.2018 RS