Court No. - 53
Case :- APPLICATION U/S 482 No. - 19667 of 2018 Applicant :- Manjeet Opposite Party :- State Of Up And Another Counsel for Applicant :- Pramod Kumar Sahani Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed seeking to quash the proceeding of S.T. No.184/2017, State vs. Vinod and others, arising out of case crime no. 0173 of 2017, under Sections 147, 148, 323, 504, 506, 307, 325 IPC, P.S. Haldharpur, District Mau, pending before the court of learned Sessions Judge, Mau.
The submission of the learned counsel for the applicant is that applicants have been implicated mala fide in the present crime and there are no material in the case diary. The police have investigated the case in a one sided, unfair and lackadaisical manner and filed a charge sheet that is liable to be quashed.
Learned AGA has opposed the motion to admit this application to hearing and has invited the attention of this Court to the injury report of Anchal Singh where there are four injuries, one being a contused swelling of 2 cm x 1 cm on the middle of nose; a lacerated wound 1 cm x 1 cm x muscle deep on upper part of mouth and a lacerated wound of size 1.5 cm x 0.5 cm x muscle deep on right pinna(ear) and in respect of injury nos. 1, 2 and 3 x-ray has been advised. The x-ray report in relation to the aforesaid injuries which are apparently grievous is not on record. There is a further injury report relating to one Pankaj Singh which is a supplementary report at page 24 of the paper book, which shows that the injured had sustained a fracture of the 2nd metacarpal, left hand.
Looking to the aforesaid injury reports it cannot be said that there is no material in the case diary worth trial. It is not a matter which can be quashed at the threshold in exercise of power under Section 482 Cr.P.C. The prayer for quashing the proceeding is refused.
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 apply 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 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 applicant in the aforesaid case.
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 :- 30.5.2018 Imroz