This Application has been filed seeking to quash the charge sheet dated 12.10.2020 as well as order of cognizance order dated 19.11.2020 and the entire criminal proceedings of Case no.9966 of 2020 (889/2020), State vs. Sohanlal @ Chhunna and others (arising out of Case Crime no.352 of 2020), under Sections 323, 504, 324, 452, 506 IPC, Police Station Bindaki, District Fatehpur, pending in the Court of the learned Chief Judicial Magistrate, Fatehpur.
It is submitted by the learned Counsel for the applicants that the applicants have been implicated mala fide in the present crime. It is argued that applicant nos.2 and 3 are unmarried girls and students, whereas applicant no.4 is the first applicant?s wife, a middle aged woman of 50 years. It is urged that the prosecution case is incredible and an abuse of process of Court. It is pointed out that the injuries sustained are simple in nature.
The learned A.G.A. has opposed the motion to admit this Application to hearing.
The Court has been taken through the injury reports. The informant, Shiwam Shukla, has sustained five injuries, of which one is an incised wound on the forehead and the other a contusion below the right eye. The other injured Madhuri Shukla is the informant?s mother. She has sustained a lacerated wound 1.5 cm x 0.5 cm on the right parietal region of the skull, muscle deep.
Looking to the nature of the injuries, it cannot be said that no triable case is made out against the applicants.
The prayer for quashing the impugned charge sheet as well as cognizance order and the entire proceedings of the aforesaid is hereby refused.
However, in case the applicants surrender before the court below within 45 days from today and apply for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of 45 days from today, no coercive action shall be taken against the applicants. However, in case, they do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
The application stands disposed of in terms of the orders aforesaid.
Order Date :- 28.1.2021 Anoop