Court No. - 53
Case :- APPLICATION U/S 482 No. - 18830 of 2018
Applicant :- Shivpujan And 3 Others
Opposite Party :- State Of Up
Counsel for Applicant :- Alok Kumar Yadav,Prem Prakash Yadav
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicants is permitted to implead, Mool Chand Chauhan as o.p. no. 2 with his full parentage and address to this application during the course of the day.
Heard Sri S.M. Yadav, Advocate holding brief of Sri Prem Prakash, learned counsel for the applicants and Sri Indrajeet Singh along with Abhinav Tripathi, learned A.G.A. for the State.
This application has been filed to quash the proceedings of criminal case no. 1064 of 2017 arising out of case crime no. 56 of 2016 under Sections 323, 504, 506 and 308 I.P.C. P.S. Gambhirpur, District- Azamgarh pending before the Judicial Magistrate, Azamgarh.
The submission of the learned counsel for the applicant is that he has falsely been implicated malafide in the case on account of the fact that the opposite party entered in the applicant's house and beat up all the applicants. In regard to this incident an F.I.R. at the instance of the applicants has been lodged as case crime no. 55 of 2016 under Sections 308, 323, 325, 504, 506 I.P.C. It has also been submitted that in relation to the said incident there are injury reports on record annexed as Annexure -6 and Annexure-7 to this application. It has been submitted by the learned counsel for the applicants that this prosecution has been brought to exert oblique pressure upon the applicants to withdraw from prosecution of the case brought by them.
Learned A.G.A. has opposed the motion to admit to this application to hearing and has invited attention of the Court to the injury report at page 20/22, where there is a stitched wound on the top of the skull and a stitched wound about 11 cm above right ear pinna. An X-ray examination of the skull has been advised. In the present case the injured is Harish Chandra Chauhan, a brother of opposite party no. 2, Mool Chand Chauhan.
Looking to the facts and circumstances of the case, even though there is a cross case, it cannot be said that this question can be examined in proceedings under Section 482 Cr.P.C., which is essentially a defence of the applicants based on a cross version. Looking to the facts and circumstances of the case prayer for quashing the charge-sheet is refused.
It is however directed that in case, applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall 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 45 days from today, no coercive action shall be taken against them. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This Application stands disposed of accordingly.
Order Date :- 28.5.2018
A. Pt. Singh