Court No. - 53
Case :- APPLICATION U/S 482 No. - 17819 of 2018 Applicant :- Tej Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Garun Pal Singh,Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application under Section 482 Cr.P.C. seeks to quash the proceedings of Case No. 837 of 2018, State vs. Ajeet and others, arising out of Case Crime No. 828 of 2015, under sections 147, 148, 149, 307, 384, 323, 504, 506 IPC and Section 7 of Criminal law Amendment Act, P.S. Kotwali, District Mathura pending before the court of learned Additional Chief Judicial Magistrate, Court No.3, Mathura.
The submission of the learned counsel for the applicant is that he has been falsely implicated on account of a business rivalry between the applicant and opposite party no.2 both of whom are businessmen engaged in a business of Cable Network. It is submitted that on incredible allegations the present proceedings have been launched that do not have a grain of truth about them.
Learned AGA has opposed the motion to admit this application to hearing with the submission that a perusal of the injury report at page 58 shows that one lacerated wound 7 cm x 0.4 cm x depth not probed, right side of abdomen 12 cm in the umbilicus which has been advised to be kept under observation and follow up by x-ray. There is a further lacerated wound 5.5 cm x 3.5 cm bone deep on right side of joint which too has been advised to be kept under observation with x-ray examination advised. There is a contused swelling 1 cm x 4 cm over left ankle also advised to be kept under observation.
This Court has perused the material in the case diary and the injury reports.
Looking to the injuries sustained in relation to the crime it cannot be said that there are no material in the case diary worth trial and the prosecution cannot be scuttled at the threshold. The prayer for quashing the charge sheet is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his prayer for bail shall 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicant in the aforesaid case.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 28.5.2018 Imroz