Court No. - 2
Case :- APPLICATION U/S 482 No. - 22646 of 2019 Applicant :- Tulsidas And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri N.K. Mishra, learned counsel for the applicants and Sri V.K. Pandey, learned A.G.A. for the State.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the order dated 23.05.2019 passed by learned Civil Judge (Junior Division) Charkhari District Mahoba and the charge sheet dated 19.11.2018 relating to Case Crime No. 0312/2018 Police Station Charkhari District Mahoba and entire proceedings of Criminal Case No. 06/2019, State Vs Tulsidas and Others under Section 427, 431 I.P.C and 2/3 of the Prevention of Damages to Public Property Act, 1984 Police Station Charkhari District Mahoba.
Learned counsel for the applicants stated that earlier, he had moved before this Court an application under Section 482 Cr.P.C. No. 10202 of 2019 in this case and the same was allowed vide order dated 25.03.2019 by Coordinate Bench of this Court with a direction that the accused applicants would move an application before trial court for getting themselves discharged. After the said application having been moved, the same has been dismissed by the trial court vide impugned order dated 25.05.2019. It is argued by the learned counsel for the applicants that the said application of discharge has been erroneously rejected.
I have gone through the said order and find that the trial court has considered the entire evidence which was gathered by the I.O. in depth and had written finding that it cannot be said on the basis of said evidence gathered that no prima-facie case was made out against the accused applicants and, accordingly after having dismissed the said application, it had directed the accused applicants to appear before it on 13.06.2019 for framing of charge.
I do not find any infirmity in the said order. The prayer for quashing the the order dated 23.05.2019 is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 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 :- 14.6.2019 A. Mandhani