Court No. - 72
Case :- APPLICATION U/S 482 No. - 17322 of 2019 Applicant :- Ram Awadh Yadav And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.02.2018 and cognizance order dated 09.04.2018 as well as entire proceedings of Case No.337 of 2018 (State Vs. Ram Awadh and others) arising out of Case Crime No.270 of 2017, under Sections 323, 325, 452, 504, 506 IPC, P.S. Maharajganj, District Azamgarh pending in the Court of Additional Chief Judicial Magistrate Court no.11, Azamgarh.
3. Learned counsel for the applicants submits that a real dispute between the parties is civil and private in nature which has been given the colour to the prosecution story.
4. However, plain perusal of the FIR reveals that there are allegation of assault which is also supported by the injury report.
5. 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 applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
6. The prayer for quashing the charge sheet dated 14.02.2018 as well as the entire proceeding of the aforesaid case, is refused.
7. In view of the observation made above, in case the applicants appear and surrender before the court below on the next date 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. Till the next date fixed before the court below, the non bailable warrant against the applicants may not be executed.
8. With the aforesaid directions, this application is finally
disposed of.
Order Date :- 30.4.2019 Meenu