Court No. - 82
Case :- APPLICATION U/S 482 No. - 28851 of 2019 Applicant :- Ram Vilash And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Vidya Bhaskar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri. Vidya Bhaskar Singh, learned counsel for the applicant and learned A.G.A.
This application has been given under Section 482 Cr.P.C with request to quash order issuing Non Bailable Warrant dated 08.07.2019 passed by Additional Chief Judicial Magistrate-Ist, Shahjahanpur along with Charge Sheet dated 02.09.2018 as Charge Sheet No. 282 of 2018 and entire criminal proceeding of Case No. 2813 of 2018 (State Vs. Ram Vilas & others) arising out of Case Crime No. 267 of 2018, under Section 452, 323, 342, 506, 427 I.P.C, Police Station Sindhauli, District Shahjahanpur.
Submissions of the learned counsel for the applicant is that opposite party no. 2 has falsely implicated the applicants in the case and no such incident took place. The allegation in the F.I.R is that the applicants entered into the house of the informant and started breaking domestic articles and they also committed marpeet with informant by wrongly confining him and the family members in the house. The statement of the learned counsel for the applicants is that even though the applicants is said to have pistol with them, said to have committed marpeet and have broken the domestic articles, but no evidence has been collected in the case. No injured have been medically examined and therefore the whole case is false. Hence the charge sheet and entire criminal proceeding has got no force and is liable to be quashed.
It appears from perusal of the record that F.I.R was lodged by the informant in which all the applicants were named and allegations of marpeet, breaking domestic articles, confining the informant and other family members in the house and criminal trespass in the house was alleged on the date of incident. On the basis of F.I.R police investigated the offences and the statement of informant and witnesses was recorded under Section 161 Cr.P.C and after finding sufficient evidence, police submitted charge- sheet before the court for the aforesaid offences.
The learned trial court took cognizance over the charge- sheet and from perusal of the certified copy of the order sheet filed, it appears that on 08.07.2019 the court has directed for issuance of Non Bailable Warrant against the applicants.
After due enquiry by the police, the charge-sheet have been submitted by the police on the basis of F.I.R lodged by opposite party no.2. There is no reason for quashing the charge-sheet or entire criminal proceedings. Proceeding on issuance of process, none appeared from the side of applicants, therefore, there was no option left with the trial court except to issue Non Bailable Warrant against the applicants. It is pertinent to mention that from the perusal of the certified copy of the order sheet, it appears that applicants were personally served and only thereafter Non Bailable Warrant has been issued. Therefore right procedure has been adopted and there is no reason for interfering in the same and there is no need to quash the order issuing Non Bailable Warrant. Hence application has got no force, the application under Section 482 Cr.P.C is therefore dismissed.
It is, however, observed that in case within 30 days from today the applicants appear before the learned trial court and give application for bail, the same should be considered and disposed of preferably on the same day according to law.
For next 30 days from today, no coercive measure shall be taken against the applicants.
Order Date :- 25.7.2019 PS