Court No. - 53
Case :- APPLICATION U/S 482 No. - 13795 of 2018 Applicant :- Vicky Arya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This is an application filed under Section 482 Cr.P.C. with a prayer to quash the entire proceeding of Criminal Case No.3546 of 2017 (State Vs. Om Prakash Arya & Ors.) arising out of Case Crime No.573 of 2016, under Sections 307, 504 IPC, PS Mughalsarai, District Chandauli including the summoning order dated 06.04.2018 passed by learned Chief Judicial Magistrate, Chandauli.
The submission of the learned counsel for the applicant is that the applicant was out of town on the date when the FIR was lodged and that it is a case of no injury. It is further argued that the applicant and his family have been victimised by one Gaurav who is harassing his sister and for the said purpose this FIR has been lodged. Be that as it may, after the investigation the police have filed a charge sheet and the offence charged is one under Section 307 IPC. May be it is a no injury case but materials in the case diary which include the evidence of witnesses cannot be a subject matter of the scrutiny by this Court in exercise of powers under Section 482 Cr.P.C. The prayer for quashing the impugned proceedings is, therefore, refused.
However, considering the entire facts and circumstances it is directed that in case the applicant appears and surrenders before the court below and applies for bail, the courts below shall decide the same in accordance with the directions of the Hon'ble Supreme Court in the case of Hussain & Anr. V. Union of India reported in AIR 2017 SC 1362.
With the aforesaid directions the application shall stand disposed of.
Order Date :- 24.4.2018 Shahroz