Court No. - 17
Case :- APPLICATION U/S 482 No. - 4367 of 2018 Applicant :- Vijay Shankar And Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet no. 1 of 2016 dated 23.9.2016 in Case Crime No.158 of 2016 under sections 323, 498-A, 504, 506 IPC P.S.Bahariyabad, District Ghazipur, pending in the court of Additional Chief Judicial Magistrate, Saidpur, Ghazipur.
It is contended by the learned counsel for the applicants that the accused-applicant nos. 1 to 8 have been falsely implicated in the present case of harassment of opposite party no. 2 for demand of dowry. The entire family has been roped in. The police has not made proper investigation in this matter and has filed charge-sheet in a routine manner. If proceedings are allowed to continue that would amount to an abuse of process of court.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, the prosecution case is that the opposite party no. 1 had married accused-applicant no.1 4-5 years back and since thereafter she was being harassed for demand of Rs.1,00,000/- and a four wheeler vehicle by the accused applicant nos. 1 to 8. She has been beaten by them and finally on 8.3.2017 at about 11.00 A.M. they thrown her out after being beating her which resulted in causing injuries to her. The police after investigation has found the case proved. Injury memo has also been filed which contains eight injuries on the person of the opposite party no.2. A cognizable offence is made out against the accused-applicants. At this stage, the factual aspect of the case cannot be looked into by this Court in proceedings under section 482 Cr.P.C. At this stage, no case is made out for quashing the charge sheet.
The prayer for quashing the proceedings of the aforesaid case as well as quashing the charge-sheet is refused.
However, it is provided that if the applicant nos. 2 to 8 appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicant nos. 2 to 8 be considered and decided in view of the settled law laid- down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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 applicant nos. 2 to 8. However, in case, the applicant nos. 2 to 8 do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With aforesaid direction, this application is finally disposed of.
Order Date :- 23.3.2018 AU