Court No. - 53
Case :- APPLICATION U/S 482 No. - 17552 of 2018 Applicant :- Vishal Saxena @ Vishalu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Raja Ullah Khan, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA for the State.
This application under Section 482 Cr.P.C. seeking to quash the impugned charge sheet dated 14.06.2017 as well as its cognizance order dated 09.11.2017 in Case No. 5735 of 2017, State vs. Vishal Saxena, arising out of Case Crime No. 476 of 2017, under Sections 323, 504, 506 IPC and 3(1)X SC/ST Act, P.S. Banda, District Shahjahanpur.
The submission of the learned counsel for the applicant is that he has been implicated mala fide by the second opposite party in the case on account of fact that there was a dispute between the parties over a obstructed path way to the house of the informant, that led to animosity between the parties.
Learned AGA has opposed the motion to admit this application to hearing and has said that injuries had been sustained by the victim Puttu s/o Muku Lal and Ms. Rinki, copies of which are collectively annexed as Annexure No.2 to the affidavit.
A perusal of the injury reports shows that victim Puttu has sustained an abraded bruise of 6 cm x 1 cm present on right side of back over scapular region 3 cm below the shoulder joint with dark brown colour and an abrasion of 1 cm x 0.5 cm on anterior side 5 cm above the ankle joint with dark brown in colour; for injury no.1 the x-ray was advised and victim Ms. Rinki has sustained two injuries, first is an abrasion of 0.5 cm x 0.3 cm present on nose, 1 cm above the tip of nose with brown to yellowish in colour and second is a swelling of 0.5 cm x 0.5 cm with dark brown colour present. The injuries have been opined to be simple in nature caused by hard and blunt object.
Looking to the facts and circumstances of the case, the nature of allegations and the injures which accord with the prosecution case, prima facie, no case for inteference with the impugned charge sheet in exercise of power under Section 482 Cr.P.C. is made out The prayer for quashing the charge sheet is, therefore, is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply 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 Apex 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 disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicant in the aforesaid case.
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 Imroz