Court No. - 72
Case :- APPLICATION U/S 482 No. - 10312 of 2017 Applicant :- Ram Saran Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Ulajhan Singh Bind
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashok Kumar Singh, learned counsel for the applicants, Sri Ulajhan Singh Bind, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. Learned counsel for the opposite party no.2 states that he does not propose to file any counter affidavit, therefore the matter is being proceeded.
2. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 10.08.2016 as well as the entire proceedings of Case No.5991 of 2016 (State Vs. Ram Saran & Others), arising out of Case Crime No.42 of 2016, under Sections-323, 504, 506, 352 I.P.C. & Section 3(1)(10) SC/ST Act, Police Station- Mehnajpur, District-Azamgarh, pending in the court of Judicial Magistrate, Court No.15, Azamgarh.
3. Learned counsel for the applicants submits that arising from a petty dispute between the parties, wholly exaggerated and false allegations have been made against the applicants. Neither the ingredients of offence alleged under Section 323 IPC nor offence alleged under Section 3(I)(X) SC/ST Act, had been made out.
4. Learned counsel for the opposite party no.2 and the learned AGA on the other hand would submit that ingredients of offence under Section 323 IPC are made out from the perusal of the FIR read with the statement recorded under Section 161 Cr.P.C. as also the injury report. Also reference has been made to the statement recorded under Section 161 Cr.P.C. to support the allegation of offence alleged under Section 3(I)(X) SC/ST Act.
5. Having heard learned counsel for the parties and having perused the record, at present, it appears that the FIR allegations and the charge sheet are supported by the statement recorded under Section 161 Cr.P.C. as also the injury report. Therefore, on a prima facie evidence, the ingredients of the offence alleged are made out.
6. Therefore, the relief for quashing the proceeding against the applicants in the aforesaid case, is declined.
7. However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and applies 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 judgment passed by Hon'ble Apex Court Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 45 days from today, no coercive action shall be taken against the applicants.
8. With the aforesaid observation, this application stands finally disposed of in respect of applicants.
Order Date :- 29.5.2019 S.Chaurasia