Court No. - 85
Case :- APPLICATION U/S 482 No. - 17854 of 2021
Applicant :- Sunita Devi And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamalesh Kumar Nishad,Ram Awadh Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the proceedings of Special Sessions Trial No. 320 of 2020 (State Vs. Pappu Maurya @ Sheshnath and others) arising out of Case Crime No. 216 of 2019 under Sections 323, 504, 506 I.P.C. and Section 3 (1) (dh) SC/ST Act, Police Station Paniyara, District Maharajganj pending before learned Special Judge (SC/ST Act) Court No.2, District Maharajganj as well as to quash the cognizance order dated 26.08.2020 passed in the aforesaid case.
On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.
At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.
At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.
As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
With the aforesaid observations, the application is disposed off.
Order Date :- 29.10.2021 S.Ali