Court No. - 53
Case :- APPLICATION U/S 482 No. - 14723 of 2018 Applicant :- Srawan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ajay Kumar Jagdish, learned counsel for the applicant, Sri Vishwa Jyoti Sahai, learned A.G.A. along with Sri Mayank Awasthi appearing on behalf of the State.
This is an application under Section 482 Cr.P.C. seeking to quash the impugned order/N.B.W. dated 4.4.2018 passed by Additional District and Session Judge, Court No.4 Saharanpur in S.T. No. 509 of 2013 (State Vs. Azad and ohters) under Sections 304/34, 323/34, 325/34 IPC, P.S. Rampur Maniharan, District Saharanpur whereby the applicants have been summoned to stand their trial in exercise of powers under sections 319 Cr.P.C. This Court has been taken through the impugned order and finds that initially the case was registered against one Azad and present applicants. However, during the investigation the applicants Srawan and Jeet Singh were exculpated by the police. At the hearing the prosecution witnesses who have also been subjected to searching cross examination have categorically stated which includes (P.W.1, P.W.2, P.W.3) and also the injured witness P.W.4 Lalu that the applicants were involved in the occurrence and the occurrence is not complete without the presence of the applicants.
Looking to the aforesaid facts, this Court finds that the court below has committed no error in exercise of jurisdiction under section 319 Cr.P.C. summoning the applicants. The impugned order calls for no interference. The prayer for quashing the same is refused.
It is however directed that in case, applicant appears and surrenders before the court below within 45 days from today and applies for bail, his 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 him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
This Application stands disposed of accordingly.
Order Date :- 30.4.2018 MT**