Court No. - 53
Case :- APPLICATION U/S 482 No. - 17832 of 2018 Applicant :- Mahipal Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Digvijay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned AGA for the State.
This application under Section 482 Cr.P.C. seeks to quash proceeding of Case No. 01 of 2017, State vs. Mahipal Singh and others, arising out of Case Crime No. 471 of 2017, under Sections 323, 506, 325 IPC and Section 3(1)(10) SC/ST Act, P.S. Sadabad Kotwali, District Hathras pending in the court of Additional District & Sessions Judge, Court No.2, Hathras as well as charge sheet dated 09.09.2017 and cognizance order 04.10.2017.
The submission of the learned counsel for the applicants is that they have been implicated mala fide and on incredible allegations as the applicants and the informant hail from different villages. It is urged that no plausible cause for the alleged assault has been mentioned. There is a delay of four days in lodging the FIR. It is submitted that the police has filed a charge sheet in a casual and lackadaisical manner without undertaking any investigation worth the name. There are no material in the case diary, and that the medical reports available on record are also got up documents.
Learned AGA has opposed the motion to admit this application to hearing and the attention of the Court has been drawn to the injury report at page 26 where there is a complaint of pain in the chest and x-ray was advised; a traumatic swelling on left upper ankle in relation to which too x-ray has been advised. Both injuries have been advised to be kept under observation and opined to be caused by blunt and hard object. The medical examination of another victim Guddu shows that a complaint of pain in chest and the forearm, and, in relation to both injuries x- ray has been advised. A perusal of the x-ray report the contents was recorded in the case diary by the I.O. shows that in relation to victim Sanjeev there is a fracture seen at the base of metacarpal bone of the left foot.
Considering the fact that there is a fracture sustained and the injuries are grievous, it cannot be said that there is no material in the case diary. No case for quashing the charge sheet is made out.
However, considering the facts and circumstances of the case, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 Hon'ble Apex 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 disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicants in the aforesaid case.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 28.5.2018 Imroz