Allahabad High Court
Anil Sahu @ Anil Kumar Gupta And 2 Others vs State Of U.P. And Another on 6 February, 2020
Author: Bachchoo Lal
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- APPLICATION U/S 482 No. - 4944 of 2020 Applicant :- Anil Sahu @ Anil Kumar Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 20.1.2019 as well as cognizance order and entire proceeding of the Special case no. 2973 of 2019, State vs. Anil Sahu, arising out Case crime No. 205 of 2018, under Section 323, 504, 506, 325 IPC, P.S. Dubauliya, District Basti, pending in the court of IInd, Addl. Chief Judicial Magistrate, Basti.
The contention of learned counsel for the applicants is that the mother of the applicant no. 1 namely, Suman had lodged an F.I.R. against the opp. party no. 2 as well as his other family members regarding to assault by the opp. party no. 2 to the mother of applicant no. 1 and other family members due to enmity of pradhani election. In counterblast, the opp. party no. 2 has lodged the first information report on 25.9.2018 showing the incident to be taken place on 12.9.2018. The injured Jagjivan was medically examined on 29.10.2018 after 1 month and 18 days. As per X-ray report old healed fracture has been found in right little finger. It has been further submitted that the medical report as well as x-ray report are not reliable. False story has been concocted by the opp. party no. 2. The present prosecution has been instituted only for the purpose of harassment.
On the other hand learned A.G.A. argued that F.I.R. of the alleged incident has been lodged on 25.9.2018 under section 323, 504, 506 I.P.C. against the applicants. The applicants have assaulted the opp. party no. 2 due to which he sustained grievous injury. Fracture has been found in his right little finger. The I.O. after collecting the evidence has submitted charge sheet against the applicants. There is no ground to quash the charge sheet as well as proceeding of aforementioned case.
In this case the opp. party no. 2 has sustained grievous injury. Fracture has been found in his right little finger. The applicants are named in the first information report and the I.O. after collecting evidence has submitted charge sheet against the applicants.
Considering the facts and circumstances of the case, I don't find any ground to quash the chargesheetand cognizance order as well as entire proceedings of the aforementioned case, therefore, the prayer for quashing the same is hereby refused However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants 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 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 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, this application is finally disposed of.
Order Date :- 6.2.2020 Gss