Court No. - 17
Case :- APPLICATION U/S 482 No. - 5170 of 2018 Applicant :- Santosh Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the entire proceeding of Criminal Case No. 572 of 2015 (State Vs. Santosh Pandey) arising out of Case Crime No. 769 of 2014, under Sections 507 IPC and 66 I.T. Act, P.S. Kotwali Bansi, District Siddharth Nagar.
Learned counsel for the applicant contends that he has been falsely implicated because on 12.8.2014 an FIR was lodged by the father of the accused-applicant against the opposite party no. 2 regarding abduction of the present accused-applicant. This case has been filed by way of retaliation only to put pressure in the said case on the accused-applicant to enter into compromise. The mobile-phone on which the vulgar message was received, has not been disclosed. There is no evidence that the alleged message was sent from the mobile of the accused-applicant.
On the other hand, learned A.G.A. has stated that in the charge sheet, it has been mentioned that on the basis of oral evidence as well as documentary evidence, the case is found proved against accused-applicant.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The entire case diary is not available. Call details which might have been collected by police during investigation, are also not on record.
Looking to the fact that the police after investigation has filed the charge sheet in this after recording sufficient evidence, the veracity of which can not be tested in the proceeding u/s 482 Cr.P.C.. There is no sufficient ground to quash the charge-sheet.
The accused-applicant may approach to the court below for seeking discharge himself under appropriate provisions.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant 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 :- 23.2.2018 A.P. Pandey