Court No. - 53
Case :- APPLICATION U/S 482 No. - 14665 of 2018 Applicant :- Yakoop Alias Akuph And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Amarjeet Yadav, learned counsel for the applicants and Sri Saqib Meezan, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
This application has been filed under Section 482 Cr.P.C. seeking to quash the entire criminal proceedings in Crime No.0249 of 2017 (State Vs. Yakoop & Ors.), under Sections 308, 323, 504, 506 IPC, PS Tarwa, District Azamgarh pending in the Court of Judicial Magistrate, Court No.16, Azamgarh.
The submission of the learned counsel for the applicants is that the applicants have been implicated on a mala fide basis. The case was initially registered as an NCR but with passage of time through injury reports that have been fabricated a case under Sections 308 & 323 IPC has been cooked up against the applicants and the impugned charge sheet filed.
A perusal of the charge sheet shows that there are medico legal reports of serious injuries sustained by Bablu Giri to his head which is supported by an X-Ray report.
Looking to such circumstances it is not a case where in exercise of jurisdiction under Section 482 CrPC the charge sheet may be quashed. The prayer for quashing the impugned charge sheet is, therefore, refused.
However, considering the aforesaid facts and circumstances of the case and the submissions made, it is directed that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 30.4.2018 Shahroz