Court No. - 49
Case :- APPLICATION U/S 482 No. - 29320 of 2018
Applicant :- Mohd. Zahid
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.1.2018 and cognizance order dated 16.8.2018 as well as entire proceeding of Case No. 1360 of 2018 (State Vs. Vishwanath and others), arising out of Case Crime No. 1926 of 2017, under Sections 354, 323, 354(A), 504 IPC, Police Station Dudhara, District Sant Kabir Nagar, pending in the court of Judicial Magistrate, Sant Kabir Nagar.
Learned counsel for the applicant submits that the applicant has neither named in the FIR nor had been named in the statement recorded under Section 161 Cr.P.C. However, the applicant has been falsely implicated at the stage of statement under Section 164 Cr.P.C.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed 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 Hon'ble Supreme 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, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 24.8.2018 Mini