Court No. - 53
Case :- APPLICATION U/S 482 No. - 19631 of 2018 Applicant :- Smt. Mithlesh And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.,Anurag Pandey
Hon'ble J.J. Munir,J.
Heard Sri Phool Singh Yadav, learned counsel for the applicants, Sri Anurag Pandey, learned counsel for O.P. No.2 and the learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 16.03.2018 arising out of Case Crime No. 0191 of 2017, under Sections 147, 308, 323, 324, 327, 504, 506 IPC, P.S. Jafarganj, District Fatehpur and also proceedings of Case No. 5592 of 2018 arising out of aforesaid crime, pending before A.C.J.M. Court No.10, Fatehpur.
It is pointed out that applicant was granted bail in the present crime in connection with offences under Sections 147, 323, 324, 427, 504, 506 IPB but after investigation when the charge sheet was filed Section 308 IPC has been added he is again facing coercive processes.
Looking to the nature of injuries that are on record in the case diary which include incised wounds and fracture, no case for quashing the charge sheet is made out. The prayer for quashing the charge sheet is refused.
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 :- 30.5.2018 Imroz