Allahabad High Court
Amit Kumar Singh And 3 Others vs State Of U.P. And Another on 2 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 1754 of 2023 Applicant :- Amit Kumar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh,Amit Daga Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Amit Daga, learned counsel for the applicants, Ms. Arti Agarwal, learned counsel for the State and perused therecord.
This application under Section 482 Cr.P.C. has been filed by the applicants Amit Kumar Singh, Chandrashekhar Singh, Mohit Singh, Punit Singh with the prayer to quash the charge sheet dated 03.12.2020 being C.S. No. 321/20, as well as entire proceedings registered in its pursuance as Criminal Case No. 14399 of 2022 (CNR No. UPGH040182532022), 'State of U.P. vs. Praveen Kumar Yadav and others', under Sections 342, 384, 120B, 506 I.P.C., Police Station Jamania, District Ghazipur (arising out of Case Crime No. 407 of 2017, registered under the aforesaid sections at Police Station Jamania, District Ghazipur), pending in the court of Chief Judicial Magistrate, Ghazipur, including the order of cognizance and summoning dated 2.8.2022 and with the further prayer to stay the further proceedings of the aforesaid criminal case, during pendency of the present application.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. It is argued that the applicants have nothing to do with the allegations leveled against them nor they have committed any offence. It is argued that even if the entire allegations leveled in the F.I.R., in the statement of witnesses are taken to its face as undisputed/un-reverted, even then no offence is made out against the applicants. It is argued that such the charge sheet as well as the entire proceedings against the applicants be quashed.
Per contra, learned counsel for the State has opposed the prayer.
After having heard learned counsels for the parties and perusing the records, it is evident that there are number of factual controversies involved in the matter, which could be well appreciated only by the trial court. Since the applicants is not bailed out as yet, they shall appear before the trial court concerned within 15 days from today and move an application u/s 88 Cr.P.C. The trial court, after ensuring the presence of the applicants, shall release them with or without sureties. Said application shall be decided within 15 days thereafter. Thereafter, the applicants shall move an application seeking discharge u/s 227/239 Cr.P.C., which would be heard and decided by the concerned court within six weeks from its filing by a well reasoned order after hearing learned counsel for the State.
Till the disposal of said discharge application moved on behalf of applicants, they shall not be arrested in aforesaid case crime.
It is made clear that in the event the 'Discharge Application' is decided against the applicants, then it would be incumbent upon the applicants that they would surrender before the trial court concerned and file a bail application.
This application stands disposed off with above observations.
It is made clear that dismissal of this application would have no effect either in the proceedings or disposal of the trial and the observations, if any, made herein above, are only for the purpose of disposal of this application under Section 482 Cr.P.C.
(Samit Gopal,J.) Order Date :- 2.2.2023 Naresh