Court No. - 53
Case :- APPLICATION U/S 482 No. - 17586 of 2018 Applicant :- Pappu Ali @ Mohd. Yaseen And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nasiruzzaman Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mohit Jaisswal, Advocate holding brief of Sri Nasiruzzaman, learned counsel for the applicants and Sri MPS Gaud, learned AGA alongwith Sri Avaneesh Shukla appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned Charge Sheet No.16 of 2017 dated 23.03.2017 and the consequent proceedings of SST No.1461 of 2017 (State Vs. Pappu & Ors.) arising out of Case Crime No.24 of 2017, under Sections 506, 323, 504 IPC and 3(1) DE of SC/ST Act, PS Fariha, District Forozabad.
The submission of the learned counsel for the applicants is that the applicants are brothers and daily wage earners. They have been implicated in this crime on account of extraneous considerations. There is no basis to the allegations.
Learned AGA has opposed the motion to admit this application to hearing and has pointed out that during investigation the police have collected evidence in support of the allegations and there are materials in the case diary that prima facie show the allegation giving rise to the offences charged under Sections 506, 323, 504 IPC and Section 3(1) DE SC/ST Act to be credible.
Considering the fact that there are materials in the case diary appearing against the applicants, no case for quashing the charge sheet is made out. The prayer for quashing the charge sheet is, therefore, refused.
Under the facts and circumstances it is provided that in case the applicants appear and surrender before the 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