Court No. - 53
Case :- APPLICATION U/S 482 No. - 17628 of 2018 Applicant :- Nageena And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Om Prakash Singh, learned counsel for the applicants and Sri Akhilesh Kumar Mishra, learned AGA alongwith Sri Avaneesh Shukla appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the charge sheet dated 13.02.2018 as well as entire proceedings of Criminal Case No.365 of 2018 (State Vs. Nageena & Ors.) arising out of Case Crime No.37 of 2018, under Sections 323, 504, 147, 308 IPC, PS Vishunpura, District Kushi Nagar pending in the Court of learned Additional Chief Judicial Magistrate, Kasya, Kushi Nagar.
The submission of the learned counsel for the applicants is that they have been implicated mala fide in the present crime on account of a dispute between children of the two families who are neighbours that has escalated into a fight fuelled by ego clash between the adults. It is said that the allegations are incredible and no case is made out. At the same time it is also said that relating to the incident in question a cross version giving rise to Case Crime No.65 of 2018, under Sections 147, 452, 308, 323, 504, 506 IPC, PS Vishunpura, District Kushi Nagar has also been registered.
Learned AGA has opposed the motion to admit this application to hearing and has invited the attention of this Court to the injury report at page 22 of the paper-book wherein a lacerated wound of 04 c.m. x 05 c.m. over left side above the left ear is there in relation to which X-Ray has been advised. In the X-Ray report dated 01.02.2018 a minute fracture in the side parietal bone is seen.
Looking to the said injuries and the facts that there are cross-cases, it is not a matter which can be determined by this Court in exercise of jurisdiction under Section 482 CrPC. The prayer for quashing the charge sheet is, therefore, refused.
However, looking to the facts and circumstances of the case, it is directed that in case the applicants appear and surrender before 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 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 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, the application is finally disposed of.
Order Date :- 29.5.2018 Shahroz