Court No. - 53
Case :- APPLICATION U/S 482 No. - 29048 of 2018 Applicant :- Mohd. Asfaq @ Fakku Ansari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Yadav,Ruchi Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Sen Pal, Advocate holding brief of Ms. Ruchi Mishra, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the entire proceedings of Case No.60504 of 2017-State Vs. Mohd. Zubair & Ors. (arising out of Case Crime No.83 of 2017), under Sections 147, 148, 149, 333, 332, 353, 286, 336, 427, 436, 504, 511 IPC and Section 7 Criminal Law (Amendment) Act, PS Swaroop Nagar, District Kanpur Nagar pending in the Court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 CrPC. No such ground appears to be available to the applicant, on the basis of which the impugned charge sheet can be quashed going by the settled law in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the charge sheet 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 applies 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 the Hon'ble Supreme 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 the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. 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, this application is finally disposed of. Order Date :- 24.8.2018 Shahroz