Court No. - 17
Case :- APPLICATION U/S 482 No. - 5718 of 2018 Applicant :- Roshan Baba @ Roshan Kumar@ Ramsharan Das Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Chandra Mishra 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 charge sheet dated 21.08.2017 as well as summoning order dated 21.11.2017 passed by Special Judge SC/ST Act, Varanasi in Case No.192 of 2017 (State vs. Roshan) arising out of Case Crime No.411 of 2017 under sections 337, 504, 506, 427 IPC and 3(1) (D) (G) SC/ST Act, P.S. Bhelupur, District Varanasi, pending before the Court of Special Judge SC/ST Act, Varanasi.
It is contended by the learned counsel for the applicant that the opposite party no. 2 has falsely implicated the accused- applicant. The opposite party no. 2 has himself encroached upon the land of the applicant. The accused-applicant is the Manager of Shree Sheetal Dass Akhara Trust while the opposite party no.2 is illegal occupant who has made encroachment on the land of trust. When he was asked to remove the illegal possession, this case has been filed against the applicant.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, the applicant demolished the house of opposite party no. 2 in which his children were present. As a result of that occurrence, his three children have received light injuries. Thereafter, the opposite party no. 2 and his family members had abused him. The police after investigation has filed charge sheet against the applicant. Nothing has been shown by the learned counsel for the applicant in regard to the fact that from the evidence gathered by police no such offence is made out against the applicant. Hence no substance is found in the argument of the learned counsel for the applicant. No case is made our for quashing the charge sheet.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applys for bail, then the bail application of the applicant 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With aforesaid direction, this application is finally disposed of.
Order Date :- 26.2.2018 AU