Court No. - 21
Case :- APPLICATION U/S 482 No. - 32782 of 2018 Applicant :- Manoj Gupta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitenrda Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the proceedings of Case No.1975/11 of 2016 arising out of Case Crime No.738 of 2014, under Sections 143, 147, 341, 353 IPC and 7 Criminal Law Amendment Act, PS Kotwali Karvi, District Chitrakoot pending before the Court of Chief Judicial Magistrate.
The submission of the learned counsel for the applicants is that they have been implicated mala fide in the instant case and the Investigating Officer has submitted a charge sheet by conducting an unfair, one sided and perfunctory investigation without examining witnesses for the defence. He submits that no case of offences charged is disclosed.
Learned AGA has opposed the motion to admit this application to hearing and submitted that there are materials in the case diary that the applicants took up cudgels against the administration or defied their directions not to take a particular route broke the barrier put up by the administration and the police and engaged in physical altercation with the officers and men of the police besides obstructing movement of the public.
Looking to the said facts the impugned charge sheet cannot be quashed in exercise of powers under Section 482 CrpC. The prayer for quashing the impugned charge sheet is, therefore, refused.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 30 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 & Anr. 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 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 the aforesaid directions, this application is finally disposed of.
Order Date :- 18.9.2018 Shekhar [Chandra Dhari Singh, J.]