Court No. - 53
Case :- APPLICATION U/S 482 No. - 19729 of 2018 Applicant :- Shahid Khan @ Kallu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the charge sheet no.A-4 of 2018, dated 22.01.2018 including the order taking congizance dated 14.03.2018 and the proceedings of Criminal Case No.567 of 2018, State Vs. Helal and others (arising out of Case Crime no.593 of 2017), under Sections 147, 148, 149, 323, 336, 307, 504, 506, 34 IPC, Police Station Zamania, District Ghazipur, pending in the court of Additional Chief Judicial Magistrate, Ghazipur.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated on account of the fact that regarding a dispute over playing cricket, the opposite side entered into the house of one Anish Khan and committed an act of assault and battery, where Anish Khan and Suhail sustained injuries. They were medically examined. It is submitted that utilizing the said injury, the applicant has been falsely implicated. It is further argued that there is a cross-case from the side of the applicant, where too injuries have been sustained, in connection with which an FIR giving rise to Case Crime No.594 of 2017 has been lodged.
The learned A.G.A. has opposed the motion to admit this application to hearing and has invited the attention of this Court to the injury report of the injured Jainuddin Khan, which shows as many as nine injuries, eight of which are contusions, many of them on the head, where X-ray or CT Scan of skull was advised. The X-ray or the CT Scan report is not on record, but a look at the injuries makes it abundantly clear that there is ample evidence, which merits examination at the trial.
The fact that there is a cross-case is not a ground to quash the charge sheet. It further makes it a matter where it has to be assessed during trial as to which side were the aggressor. No case for quashing the charge sheet is made out. The prayer for quashing the charge sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, then the bail application of the applicant 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 judgment passed by Hon'ble Supreme Court reported in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
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 him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 Anoop