Court No. - 17
Case :- APPLICATION U/S 482 No. - 5722 of 2018 Applicant :- Ram Resh Nishad And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the proceedings of Case No.1828 of 2017 (State vs. Arvind Nishad and others) arising out of Case Crime No.1261 of 2017 under sections 323, 504, 427, 308 IPC P.S. Chandwak, District Jaunpur, pending before the learned A.C.J.M-V, Jaunpur.
It is contended by the learned counsel for the applicants that admittedly the occurrence of beating has taken place from both the sides. The FIR against the opposite party no.2 was lodged by the father of the applicant no.3 Samujh Nishad prior in point of time to the FIR made by the opposite party no.2 who has lodged the FIR by way of retaliation.
Heard the argument of the learned counsel for the applicants and perused the record.
According to NCR the occurrence took place on 30.4.2017 at 8.00 P.M. concerning dispute of land in which the accused- applicants have caused injuries to opposite party no. 2 and had also abused him. After lodging FIR, the police made investigation and finding the evidence sufficient on record, has filed charge sheet under the aforesaid sections which are cognizable offence. At this stage, no appreciation of evidence can be made. There is no ground made out for quashing the charge sheet. No substance is found in the argument of the learned counsel for the applicants.
The prayer for quashing the proceedings 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, then the bail application of the applicants 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 judgment 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 aforesaid direction, this application is finally disposed of.
Order Date :- 26.2.2018 AU