Court No. - 53
Case :- APPLICATION U/S 482 No. - 17599 of 2018 Applicant :- Vinay Singh Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Anil Kumar Mishra,Dinesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Dinesh Mishra, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned Charge Sheet No.67 of 2017 dated 20.12.2017 in Case Crime No.0538 of 2017, under Sections 323, 504, 506 IPC, Section 3(2)(v)Ka, 3(1)(Dha) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amendment-2015), PS Sarai Akil, District Kaushambi and cognizance order dated 30.01.2018 registered as Criminal Case No.07 of 2018 (State of UP Vs. Vinay Singh) pending before the Court of the learned Additional District & Sessions Judge, Room No.2, Kaushambi.
The submission of the learned counsel for the applicant is that he has been implicated mala fide by the third opposite party due to some quarrel amongst children of the two families who were playing marbles. The applicant is alleged to have committed offence by abusing, insulting and misbehaving with the third opposite party and of assault. It is submitted that there is absolutely no material in the case diary.
Learned AGA has opposed the motion to admit this application to hearing and has pointed out that there are injury reports a fact which has been admitted in paragraph 10 of the affidavit but the same has not been placed on record. The fact that there are injury reports makes it a case where it cannot be said that there are no material in the case diary worth trial. As such, proceedings of case cannot be quashed in exercise of jurisdiction under Section 482 CrPC. The prayer for quashing the charge sheet is, therefore, refused.
However, looking to the facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before court below within 45 days from today and applies for bail, his 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 Supreme 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 the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does 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 Shahroz