Court No. - 77
Case :- APPLICATION U/S 482 No. - 17210 of 2019 Applicant :- Shahzad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Swatantra Kumar,Ram Karan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 10.4.2018 in Case Crime No. 0245 of 2016,under Sections 498-A, 323,326 IPC & 3/4 D.P. Act, Police Station Awagarh, District Etah and to stay further proceeding in the case.
Learned counsel for the applicants submitted that impugned orders passed are illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order has been passed after considering whole evidence on record and are just and legal.
From perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicants.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of finally.
Order Date :- 30.4.2019 P.P.