Court No. - 17
Case :- APPLICATION U/S 482 No. - 5716 of 2018 Applicant :- Ranvir And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohit Singh 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.307 of 2018 (State vs. Ranvir and others) arising out of Case Crime No.0260 of 2017 under sections 147, 353, 332, 342, 324, 323, 504 IPC and section 3(1)(Gha) SC/ST Act, P.S. Nakhasa, District Bheemnagar, pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad.
It is contended by the learned counsel for the applicants that the applicant-accused no.2 along with co-villagers had applied for electricity connection for which Rs.1000/- was deposited in the office of Superintending Engineer, Pashchhimanchal Electricity Distribution Nigam Ltd. Sambhal Division. Subsequently, the receipt was issued for only Rs.250/- and that too only to few persons and not to all. When a complaint was made in this regard, the present case has been lodged against them.
Sri Pranjal Mehrotra has filed a parch on behalf of opposite party no.2 which is taken on record. He has vehemently opposed the prayer saying therein that the accused-applicants had deliberately assaulted the opposite party no.2 and his teammates.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, on 9.5.2017 at 17.45 hrs. the present applicants along with 12-15 unknown persons had assaulted the opposite party and his teammate who had come for checking theft of electricity and they were abused by pointing their caste. After investigation, the police has submitted charge sheet relying upon the statements gathered during investigation. Nothing has been shown by the learned counsel for the applicants that the offence is not made out under the aforesaid section on the basis of the evidence gathered. No case is made out for quashing the charge sheet as a cognizable offence is made out.
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