Court No. - 17
Case :- APPLICATION U/S 482 No. - 5711 of 2018 Applicant :- Puneet Banshal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash Charge Sheet No. 453 of 2017 registered as Special Case No. 123 of 2018 (State Vs. Puneet Banshal and others) arising out of Case Crime No. 765 of 2017, under Sections 323, 504, 354-B IPC and Secgtion 3(2) (Va) SC/ST Act, P.S. Khurja Nagar, District Bulandshahar pending in the court of Special Judge SC/ST Act/Additional District and Session Judge, Court No. 13, Bulandshahar.
It is contended by learned counsel for the applicants that the accused-applicants have been falsely implicated. All the accused-applicants are brothers and the opposite party no. 2 has wrongly alleged that the such an occurrence happened with his wife and mother. Applicants have no criminal history. No such abusive language was used which was pointing to their caste. From the evidence of record, no offence is made out of Section 354 -A IPC.
As per FIR, the prosecution’s case is that on 19.8.2017 the accused-applicants are alleged to have abused & beaten mother and wife of the opposite party no. 2 and both of them were also tried to be molested. The police after investigation has submitted charge sheet after finding sufficient evidence on record which cannot be tested in the proceedings under Section 482 Cr.P.C., as trial is required for the same.
Hence, prayer for quashing the charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 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, this application is finally disposed of.
Order Date :- 23.2.2018 A.P. Pandey