Court No. - 17
Case :- APPLICATION U/S 482 No. - 5724 of 2018 Applicant :- Raj Kumar And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Dinesh Pratap Singh 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 the Charge Sheet No. 154 of 2016 dated 4.11.2016 registered as State Vs. Raj Kumar Gupta and others arising out of Case Crime No. 223 of 2016, u/s 323, 504, 354 (A) & 506 IPC, P.S. Lohta, District Varanasi, pending in the court of Learned A.C.J.M.-VIII, Varanasi.
It is contended by learned counsel for the applicants that the opposite party no. 2 is wife of his younger brother. There is a civil dispute going on between both the parties regarding same house. The accused-applicants have been falsely implicated. No such occurrence has taken place.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
As Per FIR, prosecution's case is that the occurrence took place on 18.9.2016, wherein the opposite party no. 2 has been beaten with kicks and fists by the accused-applicants and all the three accused-applicants had torn blouse of opposite party no. 2. Police has made investigation in this case and after investigation, has found the case proved on the basis of evidence gathered. Cognizable offence is made out on the basis of evidence gathered by police during investigation. Nothing could be shown by the learned counsel for the applicants that no such case was made out.
Therefore, 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 :- 26.2.2018 A.P. Pandey