Court No. - 40
Case :- APPLICATION U/S 482 No. - 22350 of 2019 Applicant :- Salman And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire criminal proceeding along with the Charge-Sheet dated 16.05.2018, in Case No. 116 of 2019 (State of U.P. Vs. Salman and others), arising out of Case Crime No. 124 of 2018, under Sections 147, 148, 323 IPC, Police Station Lohamandi, District Agra and the cognizance order dated 25.01.2019.
Learned counsel for the applicants has submitted that as per the allegations made in the FIR, it is alleged that on 23.04.2018 at about 11:36 in the night, firing has been exchanged between the two groups and the accused persons are also said to wielded lathi and danda upon the victims.
On the basis of the FIR, lodged by the first informant, the police thoroughly investigated the matter and submitted the charge-sheet against the applicants under Sections 147, 148, 323 IPC.
From the perusal of the material collected during the course of investigation and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the Charge- Sheet dated 16.05.2018 is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for 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 the aforesaid directions, this application is finally disposed of.
Order Date :- 6.6.2019 Nadim