Court No. - 17
Case :- APPLICATION U/S 482 No. - 5147 of 2018 Applicant :- Mohammad Sufaid And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the Charge Sheet No. 66 of 2015 registered as Case No. 1259 of 2017 (State Vs. Mohammad Sufaid and others) arising out of Case Crime No. 103 of 2015, under Sections 308, 504, 506 IPC, P.S. Bindki, District Fatehpur.
It is contended by learned counsel for the applicants that the Investigating Officer has made biased investigation. The accused-applicants have been falsely implicated. The injury report does not corroborate the version of the prosecution. Their implication is only because of village party bandi.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Perusal of F.I.R. indicates that accused-applicants had assaulted the opposite party no. 2 with lathi and danda. Sufaid s/o Alam, had beaten with stick which caused head injuries to him. This occurrence was witnessed by Amin and Riyaz that lot of injuries were caused to the opposite party no. 2. The police after investigation has submitted charge sheet against the accused- applicants. The evidence gathered by the police may not be dis- believed without trial.
Therefore, prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 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 :- 22.2.2018 A.P. Pandey