Court No. - 53
Case :- APPLICATION U/S 482 No. - 17802 of 2018 Applicant :- Nikhil Chhabara Alias Nikki Chhabara Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri K.K. Tiwari, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.
This application has been filed seeking to quash the entire proceeding of Case No. 1739 of 2016, State vs. Nikhil Chhabara @ Nikki Chhabara, under Sections 332, 353, 504, 506 IPC, P.S. Nawabad, District Jhansi arising out of Case crime no. 483 of 2015 as well as charge sheet no. 154 of 2015, dated 20.06.2018, pending before the Chief Judicial Magistrate, Jhansi.
The submission of the learned counsel for the applicant is that an FIR has been lodged mala fide on the basis of trivial incident where on 17.06.2015 the applicant and his father had boarded a bus and asked as what was the departure time of the bus, in retaliation whereto the impugned prosecution has been launched alleging use of filthy words and assault. The police after a perfunctory and lackadaisical investigation have submitted a charge sheet.
The learned AGA has opposed the motion to admit this application to hearing and has invited the attention of the Court to the injury report, a copy of which is annexed as Annexure-4 to the affidavit. The injury report shows a contused swelling on side of the face, 3 cm below the lateral end of left eyebrow; a contused swelling 20 cm x 15 cm on scalp, 8 cm below the upper part of left pinna besides an abrasion. The injuries no doubt have been opined to be simple but the fact remains there are injuries on record which makes it prima facie a triable case.
Looking to the aforesaid fact and circumstances of the case, no case for interference is made out. The prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply 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 Apex 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 disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicant in the aforesaid case.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 28.5.2018 Imroz