Court No. - 38
Case :- APPLICATION U/S 482 No. - 16389 of 2019 Applicant :- Prabodh Kumar And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application, the applicants have filed this application with a prayer to quash the charge sheet No.320 of 2018 dated 8.4.2018 as well as the entire proceeding of case No. 6907878 of 2019, State vs Prabodh Kumar and others arising out of case crime no.331 of 2018,under sections 147 148, 352, 452, 323, 504, 506 and 427 I.P.C, police station Jagdishpura, district Agra, pending before the court of A.C.J.M,court no.7, Agra.
Heard Ms Anita Singh, learned counsel for the applicants and learned A.G.A for the State and perused the record.
At the very out set, learned counsel for the applicants submits that she does not want to argue this case on merit. She further submits that a direction may be given to the court below to consider and dispose of their applications expeditiously.
Learned A.G.A has has no objection.
Hon'ble Supreme Court in State (NCT of Delhi) Vs. Shiv Kumar Yadav (2016)1 SCC (Crl) 510, has held that 'the power of judicial superintendence under Article 227 of the Constitution and Section 482 Cr.P.C has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court.'
From perusal of material available on record, it cannot be said that no offence is made out against the applicant. Prima facie there is no evidence or material regarding the abuse of process of law or gross injustice Looking into the facts and circumstances of the case, I am of the view that the prayer for quashing the charge sheet No.320 of 2018 dated 8.4.2018 as well as the entire proceeding of case No. 6907878 of 2018, State vs Prabodh Kumar and others arising out of case crime no.331 of 2018 is refused.
However, in view of the submission made by the learned counsel for the applicant,it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously.
It is further provided that the applicant No.2 Kiran Gupta shall be released on interim bail till the final disposal of application for bail filed by her.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 29.4.2019 G.S