Court No. - 53
Case :- APPLICATION U/S 482 No. - 25101 of 2018 Applicant :- Sanjay And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
The instant application has been filed under Section 482 CrPC seeking to quash the non-bailable warrant dated 21.07.2016 passed by the Judicial Magistrate, Sardhana, District Meerut in Case No.440 of 2013-State Vs. Mukesh & Ors. (arising out of Case Crime No.553 of 2012), under Sections 147, 323, 341, 427, 435 IPC, Section 7 of Criminal Law Amendment Act and Section 2/3 of Prevention of Damage to Public Property Act, PS Sardhana, District Meerut pending in the court of Judicial Magistrate, Sardhana, District Meerut.
The submission of the learned counsel for the applicants is that the applicants were not named in the first information report. According to the first information report various acts of rioting was committed by a mob consisting of over 3/4 thousand people. It has been submitted that in first information report there is no disclosure of the participation of the applicants in the crime but, subsequently, in the statement recorded under Section 161 Cr.P.C., maliciously, the applicants have been named.
Whether the applicants have been named maliciously or not cannot be ascertained at this stage so as to quash the proceeding at the threshold.
In view of the above, the prayer of the applicants to quash the proceeding is, therefore, refused.
However, considering the facts and circumstances of the case, without expressing any opinion on the merits of the claim of the applicant, this application is disposed of with a direction that if the applicants appear before the court concerned and apply for bail, within a period of four weeks from today, their bail application shall be considered in accordance with law laid down in the case of Amrawati and another Vs. State of U.P.: 2004(57) ALR 290, decided by a Full Bench of this Court, which has been approved by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.: 2009(3) ADJ 322 (SC).
With the above orders, this application is finally disposed of. Order Date :- 26.7.2018 Shahroz