Court No. - 17
Case :- APPLICATION U/S 482 No. - 5169 of 2018 Applicant :- Vijai Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Chandra Yadav,Dinesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the charge sheet no. 16 of 2015 dated 20.6.2015 registered as State Vs. Chand Singh and others arsing out of Case Crime No. 79 of 2015, under Sections 323, 504, 506 IPC and 3(1)(10) SC/ST Act. P.S. Kishanpur, District Fatehpur pending in the court of Special Court SC/ST Act, Fatehpur.
Learned counsel for the applicant contends that there is no allegation against the applicant that he had used abusive language against the opposite party no. 2 indicating his caste. He has been falsely implicated and the present proceedings are abuse of process of court.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
FIR indicates that the occurrence took place on 29.4.2015 at 7:00 pm, when on asking for return of money from the Chand Singh, which had been given to him for executing sale deed of his land, the accused Chand Singh along with present accused- applicant had beaten him with dandas and shoes which caused him injuries at his chest and thigh. After investigation, the police has filed charge sheet in this case.
Learned counsel for the applicant could not produce any statement of witnesses recorded by the I.O., who had filed charge sheet, hence, it cannot be taken that on the basis of evidence on record, there is no offence made out against the accused-applicant under the aforementioned sections. There is no ground to quash the charge sheet, hence, the prayer for quashing the charge sheet is refused.
However, it is provided that if the applicant appears and surrender before the court below within 30 days from today and applies for bail, his 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 applicant 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 :- 23.2.2018 A.P. Pandey