Court No. - 38
Case :- APPLICATION U/S 482 No. - 16434 of 2019 Applicant :- Tanku Nishad And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application, the applicants have filed this application with a prayer to quash the impugned charge sheet dated 24.5.2018 arising out of case crime no.0026 of 2018, under sections 147,149, 323, 325, 452, 504 and 506 I.P.C, P.S. Mahrajganj, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh.
Heard Sri Bindo Rav, holding brief of Sri Janardan Yadav, learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He has further submitted that a direction may be given to the Additional Chief Judicial Magistrate, Court No.11, Azamgarh to dispose of the bail application if filed by the applicants as expeditiously as possible.
Learned A.G.A has vehemently opposed the prayer made by the learned counsel for the applicants.
Hon'ble Supreme Court in State (NCT of Delhi) Vs. Shiv Kumar Yadav (2016)1 SCC (Crl) 510, has held that 'the power of judicial superintendence under Article 227 of the Constitution and Section 482 Cr.P.C has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court.'
From perusal of material available on record, it cannot be said that no offence is made out against the applicant. All the submissions made by the learned counsel for the applicant relates to disputed question of fact which can be raised before the court below at appropriate stage. It is not a case of abuse of process of law or of gross injustice.
Accordingly, in view of the above, the prayer for quashing the charge sheet dated 24.5.2018 arising out of case crime no.0026 of 2018, is refused.
However, looking into the fact and circumstances of the case, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, if possible, on the same day,in accordance with law.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 G.S