Court No. - 49
Case :- APPLICATION U/S 482 No. - 27342 of 2021 Applicant :- Sumit Chauhan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed praying for quashing of the charge-sheet dated 14.12.2020 in case crime no. 42 of 2020, under sections 498-A, 323, 506 I.P.C., and 3/4 D.P. Act, Police Station Mahila Thana, District Jhansi as well as the entire proceeding of case no. 2309 of 2021 (State Vs. Sumit Chauhan and Others) pending in the court of Civil Judge (Junior Division)/F.T.C., Jhansi.
Learned counsel for opposite party no. 2 Sri Om Prakash Yadav points out that the petitioners have approached this Court challenging the first information report being Criminal Misc. Writ Petition No. 14399 of 2020 wherein on request of the applicants that the matter should be referred to Mediation Center, the Court granted interim protection to them and referred the dispute to the Mediation Center. The applicants did not deposit the cost as was required to be deposited by them to facilitate medication and consequently the interim protection granted to them stood vacated. It is urged that the applicants are guilty of obtaining interim order from this Court by extending the false assurance and thus, it is not a fit case for exercising power under section 482 Cr.P.C.
The above facts could not be disputed by learned counsel for the applicants.
Moreover, I find no good ground to quash the charge-sheet at this stage as it cannot be said that there is no prima facie evidence to proceed against the applicants.
The petition lacks merit and is dismissed.
In case, the applicants apply for bail the same shall be dealt with by the trial court keeping in mind the guidelines laid down by Hon'ble Supreme Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. in Special Leave to Appeal (Crl.) No(s). 5191 of 2021, vide order dated 07.10.2021.
Order Date :- 21.12.2021 Vikram (Manoj Kumar Gupta,J.)