Court No. - 53
Case :- APPLICATION U/S 482 No. - 14516 of 2018 Applicant :- Ram Avatar Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Kumar Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Yashpal Yadav, Advocate holding brief of Sri Ravindra Kumar Yadav, learned counsel for the applicants and Sri Shyamdhar Yadav, learned AGA along with Sri Abhinav Tripathi appearing for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash a charge sheet dated 30.04.2013 and non- bailable warrants issued on 23.12.2017 in proceedings initiated in pursuance thereof vide Criminal Case No.2124 of 2013 (State Vs. Ram Avatar and others), arising out case crime no.168-A of 2013, under Sections 323, 504, 506 IPC and Section 3(1)X of the SC/ ST (Prevention of Atrocities) Act, Police Station Meh Nagar, District Azamgarh, pending in the court of A.C.J.M., Court No.12, Azamgarh.
A perusal of the case diary shows that there are statements categorically supporting the prosecution registered on behalf of informant. In addition, there are medico-legal reports of injuries numbering four relating to the four injured, that is to say, Amita, Asha, Santosh and Rajendra, which shows injuries like lacerated wounds, contusions, abrasions, multiple abrasions numbering 1 to 7 sustained by the injured variously.
It is submitted that the impugned charge sheet arises out of case crime no.168-A of 2013, whereas the first First Information Report relating to the incident bearing case crime no.168 of 2013, under Sections 147, 148, 323, 452, 504, 506 IPC, Police Station Meh Nagar, District Azamgarh, was registered at the instance of the applicants, in relation whereto also there are injuries on record annexed as Annexure 5 in support of the affidavit. He submits, therefore, that the impugned proceedings that arises from a cross case are, in fact, brought in to exert oblique pressure upon the applicants to withdraw their case. However, the fact remains that there are injuries on both sides, which makes it is subject matter of assessment of evidence, that cannot be undertaken by this Court in the limited exercise of its jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the charge sheet and non-bailable warrants is refused.
However, in case the applicants 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 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 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 :- 27.4.2018 Anoop