Court No. - 53
Case :- APPLICATION U/S 482 No. - 19675 of 2018 Applicant :- Ram Chandra And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Deepak Kumar Singh, learned counsel for the applicant and Sri Nitin Kesarwani, the learned AGA for the State.
This application under Section 482 Cr.P.C. seeking to quash the entire criminal proceeding in Criminal Case No. 8019 of 2016, Ram Chandra and others vs. State of U.P., arising out of Case Crime No.184 of 2015, under Sections 147, 148, 323, 504 IPC and 3(1)(X) SC/ST Act, P.S. Chaubeypur, District Varanasi as well as the charge sheet dated 07.08.2015.
The submission is that the applicants have been implicated mala fide in the present case on account of a boundary dispute relating to fields as the applicants and the opposite party have adjoining fields. It is not disputed by learned counsel for the applicants that there are cross versions and two cases have been registered on both sides. There are injuries sustained on both sides. So far as applicants' case is concerned the injuries sustained by the victim of the present crime are annexed as Annexure-4 to the affidavit which shows a contusion of 10 cm x 9 cm on right side of head, 4.5 cm about right ear reddish in colour of which x-ray has been recommended; a contusion of 12 cm x 12 cm on left side upper back just below the top of the left shoulder slapdash red in colour and a contusion 8 cm x 4.5 cm on the lateral side of the left ankle; that injury no.1 has been referred to x-ray examination, which shows no abnormality detected; that another injured is Neeraj who has suffered one lacerated wound on left side of skull and one abrasion on left side of ear; that the injuries are there no less in dimension on the side of the applicant also, copies of which are annexed at pages 31 and 32 of the paper book.
In view of the aforesaid facts, it is a cross case which would require determination at a duly constituted trial as to which side were the aggressor. This proceeding cannot be quashed in exercise of jurisdiction under Section 482 Cr.P.C. The prayer for quashing the proceeding 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 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 or till disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicants in the aforesaid case.
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 :- 30.5.2018 Imroz