Court No. - 74
Case :- APPLICATION U/S 482 No. - 14524 of 2020
Applicant :- Neeraj And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Om Prakash Vishwakarma
Counsel for Opposite Party :- G.A.,Ram Jeet Mishra
Hon'ble J.J. Munir,J.
Heard Mr. Om Prakash Vishwakarma, learned counsel for the applicant, Mr. Ram Jeet Mishra, learned counsel appearing on behalf of opposite party no. 2 and Mr. Dinesh Kumar Srivastava, learned A.G.A. for the State.
This application has been filed, challenging the proceedings of Criminal Case No. 478 of 2020 (arising out of Case Crime No. 69 of 2020), under Sections 147, 323, 504, 308, 506, 325 I.P.C., Police Station - Maharajganj, District - Jaunpur, pending in the court of Additional Chief Judicial Magistrate-IV, Court No. 15, Jaunpur.
The submission of the learned counsel for the applicants is that they have been wrongly charge-sheeted in the crime, on account of an ancient enmity between parties. It is urged that the Investigating Officer has filed a charge- sheet, without doing a fair and forthright investigation. The present prosecution is mala fide and deserves to be quashed.
A counter affidavit has been filed on behalf of the State and two counter affidavits (one short and one regular) on behalf of opposite party no. 2, have also been filed. Two rejoinder affidavits, one to the State's counter affidavit and the other, to the second opposite party's counter affidavit, have been filed by the applicants.
A perusal of the counter affidavit shows that three persons have sustained injuries, to wit, Suresh Kumar Singh, Vishal Singh and Atul Singh. A perusal of the injury report relating to Suresh Kumar Singh shows that he has sustained a lacerated wound 7 cm. x 1.5 cm. x bone deep on the head, 1 cm. above left ear, regarding which, x-ray has been advised.
At this juncture, it is emphasized by learned counsel for the applicants, Mr. Vishwakarma, that the supplementary report shows that Suresh Kumar Singh has not sustained a fracture to the skull. It is true that Suresh Kumar Singh has not sustained a fracture. The supplementary report relating to Vishal Singh dated 20.06.2020 shows that injury no. 2, which is sustained on his forearm, has been opined to be grievous in nature.
Be it as it may, it is not for this Court to determine whether the occurrence took place or not. The injuries sustained by the three victims are sufficient to make the case a triable one.
In the circumstances, prayer to quash the impugned proceedings is refused.
However, in case the applicants surrender before the court below within 45 days from today and apply for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
The application is disposed of in terms of the aforesaid orders.
Order Date :- 6.1.2021
I. Batabyal