Court No. - 40
Case :- APPLICATION U/S 482 No. - 22239 of 2019 Applicant :- Manohar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet No.90/2017 dated 16.9.2017 as well as entire proceedings of Special Case No.57 of 2018 (State Vs. Manohar) arising out of Case Crime No.159 of 2017, under Sections 452, 323, 504, 506, IPC and Section 3(2)5Ka, 3(1) Da Dha, SC/ST Act, P.S. Kulpahar, District Mahoba, pending in the court of Additional District Judge (Second) Mahoba.
As per the allegations made in the FIR, it is alleged that on 25.7.2018 at about 9.00 p.m. the applicants had forcibly entered in the house of the first informant armed with lethal weapons and addressed the victims on their caste with an intention to humiliate them in public view and threatened them to enter into a compromise. On the basis of said FIR police thoroughly investigated the matter and submitted the charge sheet against the applicants under Sections 452, 323, 504, 506, IPC and Section 3(2)5Ka, 3(1) Da Dha, SC/ST Act on which the Additional District Judge (Second) Mahoba took cognizance on 18.4.2018 and summoned the applicants to face trial.
From the perusal of the allegations made in the first information report and the material collected during the course of investigation, prima facie offence is clearly disclosed against the applicants, as such impugned charge sheet cannot be quashed. The prayer for quashing the charge sheet is, therefore, refused.
However, in case the applicants appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity to both the parties.
With these observations, this application is disposed of. Order Date :- 4.6.2019 T. Sinha