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Court No. - 38
Case :- APPLICATION U/S 482 No. - 16458 of 2019 Applicant :- Vishwa Jeet And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amaresh Yadava Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application, the applicants have filed this application with a prayer to quash the entire proceeding of criminal case No.7138 of 2018 (State of U.P. vs Susheel alias Bittu Saroj and others) relating to Case Crime No.277 of 2017, under sections 452, 506 and 504 I.P.C, P.S. Bardah, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, court no.11, Azamgarh as well as quashing the charge sheet dated 22.9.2018.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. Learned counsel for the applicants prays for expeditious disposal of the applicant on the same day.
Learned A.G.A has vehemently opposed the prayer made by the learned counsel for the applicants.
Hon'ble Supreme Court in State (NCT of Delhi) Vs. Shiv Kumar Yadav (2016)1 SCC (Crl) 510, has held that 'the power of judicial superintendence under Article 227 of the Constitution and Section 482 Cr.P.C has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court.'
All the submissions made by the learned counsel for the applicant relates to disputed question of fact which can be raised before the court below at appropriate stage.
From perusal of material available on record, it cannot be said that no offence is made out against the applicant. Prima facie there is no evidence or material regarding the abuse of process of law or gross injustice.
Accordingly, in view of above, the prayer for quashing the entire proceeding of criminal case No.7138 of 2018 (State of U.P. vs Susheel alias Bittu Saroj and others) relating to Case Crime No.277 of 2017 is refused.
However, looking into the fact and circumstance of the case, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019.G.S