Court No. - 17
Case :- APPLICATION U/S 482 No. - 10185 of 2018 Applicant :- Satya Pal Singh And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shashank Shekhar,Sheo Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved seeking quashing of order dated 5.6.2017 along with entire proceedings of Criminal Case No. 874 of 2017, arising out of Case Crime No. 136 of 2017 (State Vs. Satya Pal and others) u/s 147, 148, 307, 323, 452, 504 and 506 IPC, P.S. Moosa Jhaag, District Budaun, pending in the court of Judicial Magistrate Court No. 2.
Contention of the learned counsel for the applicants is that the accused applicants have been falsely implicated by opposite party no. 2. FIR was lodged on 14.3.2017 under the aforementioned Sections at P.S. Moosa Jhag. After investigation, the charge sheet was submitted against the accused-applicant nos. 1 and 2 only. Thereafter, the opposite party no. 2 moved protest petition and on the basis of that, the impugned order dated 5.6.2017 has been passed summoning all the five accused-applicants under the aforementioned Sections. If the present proceedings are allowed to continue, that would amount to abuse of process of court, hence, they need to be quashed.
Learned counsel for the opposite party no. 2 Sri Bharat Singh has put in appearance today and has stated that the accused- applicants had preferred revision against the impugned order before the Sessions Judge and the same has been dismissed and the impugned order has been upheld.
Learned A.G.A. has vehemently opposed the prayer of quashing the criminal proceedings of the present case stating that there is sufficient evidence on record against the accused-applicants.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. and perused the record.
Perusal of impugned order indicates that the learned court below has taken into consideration the medical examination report of the injured witnesses as well as all circumstances into consideration and thereafter has passed the impugned order. There is no infirmity found in the said order. In the present proceedings u/s 482 Cr.P.C., factual aspect cannot be looked into, hence, there is no ground for quashing the criminal proceedings in the present case.
Accordingly, prayer for quashing the criminal proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants 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 :- 29.3.2018 A.P. Pandey