Court No. - 47
Case :- APPLICATION U/S 482 No. - 20015 of 2020
Applicant :- Satendra @ Satish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 2183 of 2020, arising out of Case Crime No. 95 of 2020 (State Vs. Satendra @ Satish and others), under Sections 452, 323, 504, 506, 324 IPC, P.S. Merapur, District Farrukhabad, pending in the court of Addl. Chief Judicial Magistrate, Farrukhabad and also prayed for quashing of the charge-sheet dated 28.05.2020.
Learned counsel for the applicants has submitted that no case is made out against the applicants and the court below has taken cognizance in he matter without applying his judicial mind.
Learned A.G.A. vehemently opposed the contentions raised on behalf of the applicants.
The FIR version is that on 20.05.2020 at 9 O'clock the informant was at the house, the accused persons Satendra Singh @ Satish, Devi Dayal, Durgesh and Ashish had dragged her son Anmol, who standing near the door and also began to beat him and on being opposed, the accused persons have also beaten to the informant with lathi and danda. Further on hearing the hue and cry her mother-in-law Smt. Shivdhara Devi came there and tried to intervene the matter but the accused persons have also beaten to her. On this report the Case Crime No. 95 of 2020 (State Vs. Satendra @ Satish and others), under Sections 452, 323, 504, 506 IPC, P.S. Merapur, District Farrukhabad was registered at the police station. After medical examination of the injured Section 324 IPC was also added. The copy of injury report of all the injured persons have been filed as Annexure-3 to the affidavit. As per injury report of Smt. Aruna Shakya, the injury no.1 was caused by sharp edged weapon and as such the prosecution case is well substantiated by the ocular as well as documentary evidence, which were collected by the Investigating Officer during investigation and after conclusion of investigation charge-sheet was filed before the court below, as such, at this stage no interference can be made in the impugned charge-sheet.
The prayer for quashing the entire proceedings of aforesaid case is refused.
In view of above, application is finally disposed of with the direction that if applicants appear before the court concerned below within 30 days from today and apply for bail, their bail application shall be considered and decided by the court below expeditiously in accordance with the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P. reported in 2004 (57) ALR-290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. after hearing the Public Prosecutor in the aforesaid case number for the aforesaid offence.
Order Date :- 5.1.2021 Prajapati