Court No. - 70 Case :- APPLICATION U/S 482 No. - 19671 of 2019 Applicant :- Salman And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate on behalf of the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the cognizance/summoning order dated 15.10.2018, chargesheet dated 04.05.2018 and entire proceedings of Criminal Case No.118 of 2018 (State vs. Salman and others) arising out of Case Crime No.480 of 2016, under sections 147, 148, 149, 307, 332, 336, 504 & 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Malpura, District Agra, pending in the court of Additional Chief Judicial Magistrate I, Agra.
As per prosecution case, on 04.04.2016 opposite party no.2 lodged FIR registered as Case Crime No.480 of 2016, under sections 147, 148, 149, 307, 332, 336, 504, 506 I.P.C. & 7 Criminal Law Amendment Act, Police Station Malpura, District Agra against 35 named accused persons and 15-20 unknown persons of first party and 25-30 unknown persons of second party making allegation that on 07.07.2016 police personals received an information that members of two groups are fighting against each other. On receiving said information, the police party reached at the spot and saw that the members of two groups were indulged in assaulting each other through their weapons at a public place. The police personals announced for maintaining peace but they rather following the request of the police also attacked the police personals. Anyhow the police personals save their life. As per prosecution case, three persons namely Haji, Moiyo, Chiraguddin and Irkat were apprehended at the spot and in the said incident, Kallu and Javed received injury.
Learned counsel for the applicants submitted that although in the FIR it has been mentioned that Kallu and Javed have received injuries in the incident but the medical reports of the aforesaid two persons are not incorporated in the case diary nor medical reports are part of the case diary, therefore, it is a case of no injury. The averment in this regard has been mentioned in Para-5 of the application.
On the said submission advanced on behalf of the applicants, on 21.05.2019 learned Additional Government Advocate was allowed a week's time to seek instruction in the matter with regard to the contents of paragraph no.5 of the application, as mentioned above with the direction that in case there is any injury/medical report in this case, copy of the same be produced before this Court on the next date of listing.
Today on the matter being taken up, learned Additional Government Advocate has produced the photocopy of medical examination report of injured Javed of this case and copy of said injury report of Javed has also been supplied by the learned Additional Government Advocate to the learned counsel for the applicants.
In view of above, learned counsel for the applicants submits that applicants want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure through counsel.
Considering the facts and circumstances of the case, it is hereby provided that the applicants shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicants, no coercive measure shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as they have come with a bonafide prayer for discharge and if they fail to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 30.5.2019 SKD