Court No. - 64
Case :- APPLICATION U/S 482 No. - 15089 of 2019 Applicant :- Shyam Narayan And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed for quashment of the charge- sheet dated 10.07.2016 in Case No.277 of 2017 arising out of Case Crime no.763 of 2016, under Section 504 IPC and 3(1) d and 3(2)(va) of the SC/ST Act, Police Station Robertsganj, District Sonbhadra.
Contentious issues have been raised that it is a case of double jeopardy and hit by the provisions of under Section 300(1) Cr.P.C. Claim is that in the similar offence after the NCR was lodged, the matter was somehow investigated and trial took place wherein, compromise was arrived at and the conviction pronounced stood suffered. However, it so happened that some application was moved and further investigation was ordered by virtue of Section 173(8) Cr.P.C., wherein, additional charge- sheet was submitted, inter alia, under Sections 504 IPC and under Sections 3(1)(d) and 3(2)(va) of the SC/ST Act and trial of this case commenced de novo based on similar facts as in the previous case.
Learned A.G.A. submits that appropriate application may be moved before the court at first instance and court of first instance should consider this aspect before proceeding against the applicants.
Considering the above submissions and taking into consideration the facts and circumstances of the case, obviously, contentious/factual issues have been raised by the applicants, which cannot be appreciated, as it is the domain of the court concerned and re appreciation of facts cannot be gone into, at this juncture. It is obvious that prima facie, no error is perceptible in the order impugned. In this view of the matter, no interference is required, therefore, prayer made for quashment of the proceeding is hereby refused.
However, it is provided that in case the applicants appear before the court concerned within a period of three weeks' from today and moves application for bail/discharge, the same shall be considered and disposed of in accordance with law after affording opportunity to both the sides by passing speaking and reasoned order.
It is made clear that applicant no.2, who is a lady entitled for benefit of Section 437 Cr.P.C. and her case may be accordingly considered sympathetically on the point of bail.
For a period of three weeks' from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019/Raj