Court No. - 53
Case :- APPLICATION U/S 482 No. - 17573 of 2018 Applicant :- Tinku @ Ajay Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and Sri Vishal Agrawal and Sri J.B. Singh, learned AGA for the State.
This application has been filed seeking to quash the entire proceedings of Case No. 14 of 2018, arising out of Case Crime No. 1016 of 2017, under Sections 325, 323, 504, 506 IPC read with Section 3(2) (v) Ka SC/ST Act, P.S. Hathras Gate, Hathras pending in the court of Additional District and Sessions Judge, Court No.2, Hathras.
The submission of the learned counsel for the applicants is that he has been implicated on extraneous consideration on account of the fact that opposite party no.2 was demanding his salary that was due towards applicant no.1 whereas applicant no.1 said that when he comes over to the village he would pay the second opposite party. It is in the said background that the impugned FIR giving rise to the impugned proceedings has come to be lodged. It is clearly an abuse of process of Court. Pending investigation there was stay of arrest granted by this Court in Criminal Misc. Writ Petition No. 1214/2018.
The learned AGA has opposed the motion to admit this application and has invited the attention of this Court to the injury report annexed as Annexure-3 to the affidavit where Pramod and Pintu who have brought the prosecution in view of injuries sustained which are a lacerated wound 10 cm x 6 cm over the posterior lateral surface just below the elbow joint and a lacerated wound 1 cm x 1 cm over base of right index finger on dorsal surface. Both injuries have been opined to be simple in nature. Injury no.1 has been referred to x-ray examination. Likewise, in the case of Jawahar there is one contusion 9 cm over posterial aspect of left forearm and a contusion of 4 cm x 3 cm over nose and tip of nose with bleeding. In the x-ray report relating to Pramod two circular metallic density structures have been found which shows that a gun shot injury has also be sustained. It is submitted that there was a fight between the applicant the the opposite party no. 2 along with their associates which resulted in injuries to both sides. An FIR has also been lodged on the side of the applicants against opposite party no.2.
Looking to the aforesaid facts and circumstances, it appears to be a cross case where both sides have sustained injuries. A case of this nature and evidence of the kind on record cannot be examined by this Court in exercise of jurisdiction under Section 482 Cr.P.C. The prayer for quashing the proceedings is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 applicants in the aforesaid case.
However, in case, the applicants do 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 :- 29.5.2018 Imroz