Court No. - 17
Case :- APPLICATION U/S 482 No. - 10190 of 2018
Applicant :- Sumiran Kushwaha And 3 Ors
Opposite Party :- State Of U.P. And 2 Ors
Counsel for Applicant :- Ramesh Kumar Singh,Chandra Prakash Misra
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved seeking quashing of the charge sheet dated 3.10.2012 as well as entire proceedings of Case No. 5258 of 2012 (State of U.P. vs. Daroga Kushwaha & others) arising out of Case Crime No. 1163 of 2012, under Section 504, 506 and 354 IPC and 3(1)(11) SC/ST Act, P.S. Kotwali Padrauna, District Kushinagar, pending in the court of Chief Judicial Magistrate Kushinagar at Padrauna.
It is contended by learned counsel for the applicants that the offence under Section 3(1)(11) of SC/ST Act is not made out because in the statement given by the first informant, no mention is made that any abusive language was used indicating her caste. Simple statement is made by him that Kailashi Devi and Chanwa Devi were abused and were being forcibly taken in the field of sugarcane. Accused-applicants have been falsely implicated. If the present criminal proceedings are allowed to continue that would amount to abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing the charge sheet stating that the evidence on record is sufficient against the accused-applicants to face trial.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
As per FIR, the first informant Kailashi Devi and Chanwa Devi were going for cutting the grass towards their field when the present accused-applicants had tried to pull them in the field of sugarcane and started abusing badly. They were also abused indicating their caste. Police after investigation has filed charge sheet. Evidence cannot be scrutinized in proceedings u/s 482 Cr.P.C. Cognizable offence is made out against the accused-applicants.
Therefore, prayer for quashing the charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 days from today or till the disposal of the application for grant of 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.
Order Date :- 30.3.2018
A.P. Pandey