Allahabad High Court
Rakesh Kumar @ Rakesh Yadav & Ors. vs State Of U.P. & Anr. on 19 October, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 7454 of 2019 Applicant :- Rakesh Kumar @ Rakesh Yadav & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Vijayendra Prakash Tripat,Sameer Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioners, learned Additional Government Advocate and perused the record.
This petition has been filed under Section 482 Cr.P.C. with the prayer to quash the Charge Sheet No.444 of 2018 dated 29.12.2018, arising out of Case Crime No.445 of 2018, under Sections 504, 506, 308 & 452 I.P.C., Police Station-Kotwali Beekapur, District-Faizabad/ Ayodhya as well as the summoning order dated 04.06.2019 passed by the A.C.J.M.-III, Faizabad in Criminal Case No.358 of 2019 (State vs. Moti Lal & others).
Learned counsel for the petitioners has submitted that the First Information Report has been lodged against the petitioners on the basis of false story. It has also been submitted that the petitioners have not committed any offence and they have wrongly been summoned in this case. Lastly, learned counsel for the petitioners have submitted that petitioners are ready to surrender before the court below and some protection may be granted to them.
Learned Additional Government Advocate has opposed the petition.
However, in this matter, after investigation, Police has found a prima facie case against accused and submitted charge-sheet in the Court below. After investigation the police has found a prima facie case of commission of a cognizable offence by accused which should have been tried in a Court of Law. At this stage, there is no occasion to look into the question whether the charge ultimately can be substantiated or not and that would be a subject matter of trial. No substantial ground has been made out which may justify interference by this Court under Section 482 Cr.P.C.
From perusal of the record, it cannot be said that the cognizable offence is not made out against the petitioners. I do not find any sufficient ground to quash the charge-sheet as well as further proceedings of the aforesaid criminal case.
However, it is provided that if the petitioners, Rakesh Kumar @ Rakesh Yadav, Kalika, Chanika and Moti Lal, surrender before the court below within one month from today and moves an application for bail, the same shall be considered and disposed of expeditiously in accordance with law and in terms of law laid down in the case of Smt. Amrawati and another vs. State of U.P., 2005; Cr.L.J. 755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437. Till then, no coercive action shall be taken against the petitioners.
It is made clear that in no case the aforesaid period shall be extended and no excuse shall be entertained.
After expiry of the aforesaid period, if the petitioners have not surrendered, then the authorities concerned shall have full liberty to take action in accordance with law.
The petition stands disposed of accordingly.
Order Date :- 19.10.2019 Suresh/ [Rajesh Singh Chauhan,J.]