Court No. - 53
Case :- APPLICATION U/S 482 No. - 14200 of 2018 Applicant :- Rananjay Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mool Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mool Chandra Mishra, learned counsel for the applicant and Sri Vishwajyoti Sahai, learned AGA along with Sri Avanish Shukla appearing for the State.
This application u/s 482 Cr.P.C. has been filed seeking to quash the entire proceeding of the Special Sessions Trial No.40 of 2018 (State Vs. Rananjay Singh), arising out of case crime no.263 of 2017, under Sections 323, 504, 506 IPC and 3(1) P of the SC/ST Act, Police Station Maharajganj, District Jaunpur, pending in the court of Additional Sessions Judge - IVth, Court No.4, Jaunpur.
The submission is that the applicant has been falsely implicated in the present crime on account of the fact that some other FIR relating to the same incident has been lodged on the side of the applicant against the opposite parties. He submits that the impugned prosecution has been brought in order to coerce the applicant to withdraw the prosecution going on against opposite party no.2 giving rising to case crime no.290 of 2017, under Sections 323, 504, 354, 511 IPC, Police Station Maharajganj, District Jaunpur.
Learned A.G.A. has opposed the motion for admission of this application and has pointed out that the victim of the present prosecution, Rajnish son of Amrit Lal has sustained injuries and a copy of the medico-legal report is annexed as Annexure 4 to the affidavit. A perusal of the medico-legal report shows that the victim Rajnish has sustained four injuries though they are abrasions and caused by simple and blunt object.
Looking to the fact that there is evidence in the case diary supporting the prosecution. Prima facie no case is made out.
Accordingly, prayer for quashing the entire proceeding of aforesaid case is refused.
However, in case the applicant surrenders before the court below within 45 days from today and applies for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.
The Application stands disposed of accordingly.
Order Date :- 25.4.2018 Anoop