Court No. - 49
Case :- APPLICATION U/S 482 No. - 38248 of 2018 Applicant :- Sushil Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Sri Bipin Kumar, learned counsel for the applicants and learned AGA for the State.
This application has been filed for quashing the chargesheet dated 16.12.2017, (State Vs. Sushil and others), arising out of case crime No. 547 of 2017 under sections 452, 323, 504, 506 I.P.C. Police Station-Roora, District Kanpur Dehat, pending in Fast Track Court (Senior Division) Kanpur Dehat.
The contention of learned counsel for the applicants is that due to village rivalry, the FIR was lodged as no motive has been ascribed against the applicants.
A perusal of the FIR reveals that the accused named therein was stated to have entered into the house of the complainant in a drunken state and assaulted her.
The learned counsel for the applicants has pointed out that the injury report has been enclosed as annexure no. 4 to the affidavit in which it has been stated that no recent marks of any visible injury was seen.
Given the facts and circumstances of the case, we are not inclined to interfere in the matter.
This application is, accordingly, rejected.
However, it is provided that in case no bail application has been filed by the applicants earlier in the aforesaid case they may prefer a bail application within a period of 20 days from today before the trail court and the trial court shall consider and dispose of the same expeditiously in accordance with law provided there is no legal impediment. For a period of 45 days from today or till the disposal of bail application, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.
Order Date :- 27.10.2018 sweta
(Jayant Banerji, J.)