Court No. - 53
Case :- APPLICATION U/S 482 No. - 19689 of 2018 Applicant :- Saroj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Birendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri B.K. Mishra,learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA alongwith Sri Avaneesh Shukla, appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the charge sheet dated 07.03.2018 giving rise to Case No.6900277 of 2018 arising out of Case Crime No.367 of 2017, under Sections 147, 148, 323, 324, 504, 506 & 308 IPC, PS Sikandra, District Agra pending before the Court of Special Chief Judicial Magistrate, Agra.
The submission of the learned counsel for the applicant is that she has been falsely implicated in the present crime on account of the fact that the son of the applicant lodged a First Information Report on 25.03.2017 against opposite party no.2 and his companions who invaded the house of the applicant and used abusive words over a land transaction of the temple and on the applicant's son objecting, the second opposite party and his companions opened fire and assaulted the applicant's son with a lathi in consequence of which the applicant sustained a fracture to her hand and her son, Santosh Kumar sustained serious head injury. Learned counsel for the applicant in this connection has invited the attention of this Court to the injuries sustained by the applicant and her son annexed as Annexure-3 to the affidavit which for the applicant shows one of the injuries sustained by her to be grievous in nature and for the son of the applicant to be a head injury on the right side of the head.
On the other hand learned AGA has opposed the motion to admit this application to hearing and has pointed out that in relation to the occurrence Pt. Ram Narayan, one of the injured, as per supplementary medical report annexed as Annexure-7 to the affidavit has sustained a fracture to the right parietal and right temporal bone with extension to the left parietal bone; these are opined to be grievous in nature.
The Court has considered the matter anxiously and assuming that both sides have sustained injuries, it is not a set off or a discount for the applicant to have been the first victim that she can claim any defence and virtually plead it as a ground to have the charge sheet quashed. No case for quashing the charge sheet is made out. The prayer for quashing the charge sheet is, therefore, refused.
However, looking to the facts and circumstances, it is directed that in case the applicant appears and surrenders before court below within 45 days from today and applies for bail, her 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 Supreme 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 the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against her.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 Shahroz