Court No. - 53
Case :- APPLICATION U/S 482 No. - 17817 of 2018 Applicant :- Sanjeev Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Prasad Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ravindra Prasad, learned counsel for the applicant and the learned AGA for the State.
This application under Section 482 Cr.P.C. seeks to quash proceeding of Criminal Case No. 8326 of 2016, State vs. Sanjeev Kumar, pending in the court of Judicial Magistrate-Ist, Gorakhpur arising out of Case Crime No. 165 of 2015, under Sections 323, 504, 506, 308 IPC, P.S. Belipar, District Gorakhpur.
The submission is that the applicant has been implicated mala fide in the present proceeding on account of some dispute with the brother of the complainant as said in paragraph 5 of the affidavit. It is said that the incident has been reported with culpable delay and is motivated on account of the dispute with the complainant's brothers.
Learned AGA on the other hand has opposed the motion to admit this application to hearing and has invited the attention of the Court to the injury report where there is one stitched wound with five stitches 6 cm long on the left side of head, 7 cm from left ear that has been advised to be kept under observation with a follow up by x-ray. The x-ray report reveals a fracture to the left parietal bone, a copy of which is annexed at page 39 of the paper book.
Looking to the aforesaid material it cannot be said that there is no material in the case diary worth trial. Rather looking to the evidence on record, it is a matter that cannot be gone or determined in exercise of jurisdiction under Section 482 Cr.P.C. The prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his prayer for bail shall 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 judgement 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 45 days from today or till disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicant in the aforesaid case.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 28.5.2018 Imroz