Court No. - 15
Case :- APPLICATION U/S 482 No. - 37338 of 2015 Applicant :- Satyendra Kumar @ Lala Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.,Braj Lal
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Anurag Shukla, learned counsel for the applicant, learned A.G.A. for State, Shri Braj Lal, learned counsel for opposite party no. 2 and perused the record.
Applicant has filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of Criminal Case No.501 of 2015 (State vs. Satyendra Kumar @ Lala), arising out of Case Crime No. 179 of 2013, under Sections 504, 506 IPC and 3(1)(X) SC/ST Act, P.S. Bakewar, District Etawah, pending in the court of Additional Chief Judicial Magistrate, Court no. 3, Etawah.
Learned counsel for applicant submitted that applicant is being maliciously prosecuted by opposite party no. 2, no such incident took place as stated in F.I.R. As a matter of fact, opposite party no. 2 was driver on the vehicle of applicant which met with accident on account of which opposite party no. 2 had to pay Rs. 50,000/- to applicant and when applicant demanded the said amount, he lodged a false F.I.R. He further submitted that there is no allegation in F.I.R. with regard to SC/ST Act and therefore, the provisions of section 3(1)(10) SC/ST Act are not attracted.
Learned counsel appearing for opposite party no. 2, on the other hand, submits that facts averred in F.I.R. and evidence collected disclose a prima facie case under sections 504, 506 IPC and 3(1)(X) SC/ST Act. He further submits that Magistrate has committed no illegality in taking cognizance nor proceedings are abuse of process of Court.
Having heard the submissions of learned counsel of both sides and having gone through material on record, I find that a prima facie case under sections 504, 506 IPC and 3(1)(X) SC/ST Act is made out against applicant, therefore, Magistrate has committed no illegality in taking cognizance, so that proceedings may be quashed. There seems to be no abuse of process of Court also.
In the result, application is dismissed.
However, having due regard to the facts and circumstances of the case, it is ordered that if applicants appear before the court below within three weeks from today and apply for bail, the court below shall decide the same expeditiously as per law laid down by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported in 2005 CRI. L.J. 755 till then no coercive measures shall be taken against them.
Order Date :- 30.4.2018 /Bhanu