Court No. - 15
Case :- APPLICATION U/S 482 No. - 18847 of 2018 Applicant :- Sanjay Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Amar Nath Singh, learned counsel for the applicants and learned A.G.A. for the State.
Applicants have filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of Special Case No. 86 of 2018 (State vs. Sanjay Singh and others), arising out of case crime no. 218 of 2017, under Sections 147, 323, 325, 504, 506 IPC and 3(1)(10) SC/ST Act, P.S.
Bhimpura, District Ballia, pending in the court of Additional Sessions Judge, Court no. 2, Ballia.
The submission of learned counsel for the applicants is that applicant are being maliciously prosecuted on false and frivolous allegations. No such incident took place as stated in the F.I.R. As a matter of fact, opposite party no. 2 along with 20-25 persons, armed with weapons, came to the house of the applicant and caused injuries in respect of which an F.I.R. has been lodged against them from the applicants' side. The opposite party no. 2 has lodged the F.I.R. in defence to the F.I.R. lodged against him.
Learned AGA, on the other hand, has submitted that charge-sheet discloses cognizable offences against the applicants. He has further submitted that disputed questions of fact cannot be looked into in proceeding under section 482 Cr.P.C. He has further submitted that on all pleas which applicants have taken in the present application, they can seek discharge from the court below and in view of that present application is not maintainable as inherent jurisdiction of the court can be invoked either to secure the ends of justice or to prevent the abuse of process of Court only, when no other alternative remedy is available.
Having heard the respective submissions of learned counsel of both sides and considering the facts and circumstances of the case, I find that chargesheet discloses cognizable offences against the applicants. Proceedings initiated against the applicants cannot be quashed saying to be abuse of the process of the Court.
In the result, application is dismissed.
However, having regard to the facts and circumstances of the case, it is ordered that if applicants appear before the court below within four weeks from today and apply for bail, the court below shall decide the same expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported in 2005 CRI. L.J. 755 till then no coercive measures shall be taken against them.
Order Date :- 31.5.2018 /Bhanu