Court No. - 53
Case :- APPLICATION U/S 482 No. - 29072 of 2018 Applicant :- Ram Bhajan Yadav Alias Deepak Yadav And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Babu Lal Ram,Virendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Virendra Kumar, learned counsel for the applicants and Sri Akhilesh Kumar Mishra, learned A.G.A. along with Sri Abhinav Tripathi, appearing for the State.
This application has been filed under Section 482 Cr.P.C. seeking to quash the charge sheet dated 08.07.2017, cognizance order dated 10.5.2018 as well as entire proceedings of Case No.1688 of 2018, "State vs. Deepak Yadav and others", in Case Crime No.510 of 2017, under sections 323, 504, 506, 452 I.P.C., Police Station Cholapur, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate Ist Varanasi.
On perusal of the impugned charge sheet and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 CrPC. No such ground appears to be available to the applicants, on the basis of which the impugned charge sheet can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
Accordingly, the prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicants appear and 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 the Hon'ble Supreme 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 applicants surrender 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 :- 23.8.2018 shiv