Heard the learned counsel for the applicants and the learned AGA for the State and also perused the record.
This application under Section 482 of the Code of Criminal Procedure has been filed to quash the charge-sheet arising out of Crime No. 112 of 2016, under Sections 353, 504, 441, 447 IPC, relating to Police Station Baldirai, District Sultanpur as well as order of cognizance and summoning order dated 22.12.2016.
It has been contended on behalf of the applicants that the FIR has been lodged on false grounds while the applicants have not committed any offence. The police also has submitted charge sheet without there being sufficient evidence against him. It has further been submitted that the applicants are ready to surrender before the Court below and seek bail and the lower court be directed to consider the bail application of the applicants expeditiously.
The learned AGA has opposed the prayer but has no objection for issuance of such directions.
The power under Section 482 CrPC is invoked to give effect to any order under the Code, or to prevent abuse of process of any court or otherwise to secure the ends of justice. It is a settled law that such power is not to be exercised in a routine manner so as to cut short the process of law. If from bare perusal of the FIR or complaint, it is evident that it does not disclose any offence at all or is frivolous on the face of it, the court may exercise its inherent power under Section 482 CrPC. This will not include appreciation of evidence so as to conclude that the prosecution evidence is reliable or not. The Court in exercise of its jurisdiction under Section 482 CrPC cannot go into the truth or otherwise of the allegations and appreciate evidence, else it may result in causing obstruction in the progress of inquiry or trial which may not be in public interest. If the allegations in the FIR or the complaint are so absurd and improbable on the basis of which it can be safely concluded that there is no sufficient ground for proceeding, the Court may interfere to prevent abuse of the process of law.
In the present case the police after detailed investigation, has found a prima facie case and has submitted charge sheet in the Court. At this stage there is no occasion to go into the question, whether the charge ultimately can be substantiated or not as it is the subject mater of trial.
From the perusal of the record, it cannot be said that the cognizable offence is not made out against the applicants, I do not find any sufficient ground to quash the charge-sheet or the summoning order.
However, keeping in view the fact that the applicants are ready to surrender and seek bail, the present application under Section 482 CrPC is disposed of with liberty to the applicants to surrender before the Court below and seek bail within three weeks from the date of this order with the direction that the bail application of the applicants, if filed within the period allowed by this Court, shall be considered and decided expeditiously in terms of the law laid down by the Hon'ble Supreme Court of India in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009(3) ADJ, 322(SC). For a period of three weeks from today, no coercive action shall be taken against the applicants.
Order Date :- 25.4.2018 Muk