Court No. - 40
Case :- APPLICATION U/S 482 No. - 22011 of 2019 Applicant :- Subhash Chandra @ Gandhi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No. 1717 of 2018 (State of U.P. Vs. Subhash Chandra @ Gandhi and others), under Sections 323, 342, 353, 332, 504 IPC, Police Station Gunnaur, Distrcit Sambhal (Bheem Nagar), arising out of Case Crime No. 294 of 2017, pending in the court of Judicial Magistrate, Gunnaur sitting at Chandausi, District Sambhal (Bheem Nagar).
As per the allegations made in the FIR, it is alleged that on 23.04.2017, first informant, who is a police constable, on getting information about the quarrel between the residents of the area, reached at the house of the applicant, who was allegedly assaulted by the residents and suffered injuries. The first informant advised him to get himself medically examined and lodge the report, however, he started quarrelling with the first informant and he along with his son assaulted the police personnels, due to which, they suffered injuries. The police after investigation submitted the charge- sheet against the applicants, on which, learned Magistrate has taken cognizance on 10.02.2018.
of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for set aside the entire proceedings is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.