Court No. - 14
Case :- CRIMINAL APPEAL No. - 6927 of 2018
Appellant :- Pratap Narayan
Respondent :- State Of U.P. And Another Counsel for Appellant :- Arun Kumar Singh Counsel for Respondent :- G.A.,Brijesh Kumar Srivastava,Hari Bans Singh
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Arun Kumar Singh, learned counsel for the appellant and learned A.G.A.
This appeal is preferred against the charge-sheet no. 16 of 2017 dated 28.02.2017 under sections 504, 506 IPC & 3(1) s of SC/ST Act as well as cognizance order dated 06.04.2017 passed by Special Judge SC/ST Act, and Special Trial No. 81 of 2017 (State vs. Pratap Narayan), Police Station Uldan, District Jhansi, by which the cognizance has been taken.
Learned counsel for the appellants submitted that the appellant is falsely implicated in this case and I.O. has not conducted the investigation properly and the trial court has taken the cognizance without the proper appreciation of the evidence and application of mind whereas learned A.G.A. submitted that there is no illegality or irregularity in the impugned order.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court at this stage. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash prosecution initiated against the applicant in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears or surrender before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid down 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 the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. 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, this appeal is finally disposed of.
Order Date :- 18.12.2018 Swati