Court No. - 49
Case :- APPLICATION U/S 482 No. - 24561 of 2021 Applicant :- Nayandeep And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This petition under section 482 Cr.P.C. has been filed for quashing of charge sheet dated 26.09.2017 submitted in Case Crime no.543 of 2017 u/s 452, 323, 324, 504, 506 IPC, P.S.
Chandausi District Sambhal and all the proceedings consequent thereto.
The contention of learned counsel for the applicants is that there was a dispute between the parties relating to partition of immovable property and that the applicants have been falsely implicated.
From the perusal of the material on record and looking to the facts of the case, it could not be said at this stage that no offence is made out against the applicants. All the contentions raised by the applicants involve adjudication of disputed questions of facts which cannot be done in exercise of power under section 482 Cr.P.C. In such circumstances, the prayer for quashing of charge sheet and consequent proceedings is hereby rejected.
Lastly, counsel for the applicants prayed for a direction being issued to the trial court to decide the application for bail in accordance with the dictum of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. and others reported in (2009) 4 SCC 437 and of this court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290. In the case of Lal Kamlendra Pratap Singh (Supra), the Apex Court has observed as under :-
"We fully agree with the view of the High Court in Amrawati case and we direct that the said decision be followed by all courts in U.P. in letter and spirit, particularly since the provision for anticipatory bail does not exist in U.P.
In appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation, as held by this Court in Joginder Kumar case. Also, arrest is not a must in all cases of cognizable offences, and in deciding whether to arrest or not the police officer must be guided and act according to the principles laid down in Joginder Kumar case."
Keeping in view the above legal position, it is hereby provided that in case the applicants surrender and file an application for grant of bail, the same shall be considered by the trial court keeping in mind the dictum of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. and others reported in (2009) 4 SCC 437 and of this court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290.
With the aforesaid directions the present application is disposed of finally.
(Manoj Kumar Gupta,J.) Order Date :- 21.12.2021 SL