Court No. - 53
Case :- APPLICATION U/S 482 No. - 19721 of 2018 Applicant :- Surya Prakash @ S.P. @ Surya Kant Tripathi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the charge sheet no.53 of 2018, dated 07.04.2018 arises out of Case Crime No.27 of 2018, under Sections 323, 308 IPC, Police Station Jamalpur, District Mirzapur, upon which the cognizance was taken by the court below on 03.05.2018.
The submission of the learned counsel for the applicants is that the applicants have been falsely implicated mala fide in the instant case by the opposite party no.2 due to personal differences between them as they are residents of adjacent villages. The allegations in the charge sheet are incredible according to the learned counsel for the applicants.
The learned A.G.A. has opposed the motion to admit this application to hearing and has invited the attention of this Court to the medico-legal report annexed as Annexure 3 to the affidavit, where three injuries have been recorded and the further supplementary report, where injury no.1 on a CT Scan done has been found to be grievous in nature.
Looking to the said facts, it is held that the charge sheet cannot be quashed in exercise of jurisdiction under Section 482 Cr.P.C., which essentially involves sifting facts and evidence.
The prayer for quashing the charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, then the bail application of the applicants 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 judgment passed by Hon'ble Supreme Court reported in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 45 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 :- 30.5.2018 Anoop