Court No. - 17
Case :- APPLICATION U/S 482 No. - 5156 of 2018
Applicant :- Navi Hussain And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 22.11.2015 and cognizance order dated 18.12.2017 in Case No. 6201 of 2017 (State Vs. Navi Hussain and Others) arising out of Case Crime No. 148 of 2015, under Sections 153-A, 341, 323, 506 I.P.C. and Section 7 Criminal Law (Amendment) Act, 1932 Police Station Shahi, District Bareilly, pending before learned A.C.J.M., Court No.5 District Bareilly.
It is contended by the learned counsel for the applicants that the group of 'Kawariyan' was stopped by the accused applicants forcibly which led to tense situation on the spot; there was no injury caused to anyone in this occurrence; there is no prima- facie case made out against the accused applicants on the basis of evidence collected by Investigating Officer; the charge-sheet has been submitted in a cursory manner; the accused has no criminal history and it is clear abuse of process of law.
Perusal of F.I.R. indicates that the accused applicants had stopped the tractor-trolley carrying 25 'Kawariyas' which resulted in altercation between both the sides which could lead to breach of peace and chaotic atmosphere prevailed over there. The police after investigation has collected the evidence and has found the case proved under the aforesaid Sections. At this stage, evidence collected by I.O. may not be disbelieved without trial. There is no case of quashing of charge-sheet made out.
The 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 :- 23.2.2018
A. Mandhani