Allahabad High Court
Netrapal Singh And Another vs State Of U.P. And Another on 9 December, 2019
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 44643 of 2019 Applicant :- Netrapal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This Crl.Misc. application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 11.09.2017 as well as entire proceeding of case no.2155 of 2018 (State vs. Than Singh and others), arising out of case crime no.150 of 2017, under Sections 323, 504, 506, 352 IPC, P.S. Barnahal, District Mainpuri, pending in the Court of Judicial Magistrate, Court No.1, Mainpuri.
Learned counsel for the applicant submits that the informant on 16.12.2016 had moved an application on the Thana Divas that is why they have been implicated naming eight persons in the FIR and after investigation charge-sheet against the applicants and one more accused has been filed u/s 323, 504, 506 IPC. He further submits that due to political reasons, applicants have been falsely implicated in the case.
Per contra, learned A.G.A. has opposed the prayer of the applicant by contending that from the averments made in the FIR, it can not be said that no offence is made out. Apart from it, after investigation, charge sheet also has been submitted against the applicants and one other co-accused.
Considering the submission of learned counsel for the parties and averment in the FIR, it can not be said that no offence is made out. No ground for quashing the entire proceeding is made out. In the above background, the application under Section 482 Cr.P.C. is misconceived and the prayer for quashing the charge sheet 11.09.2017 as well as entire proceeding of case no.2155 of 2018 (State vs. Than Singh and others) arising out of case crime no.150 of 2017, under Sections 323, 504, 506, 352 IPC, P.S. Barnahal, District Mainpuri, pending in the Court of Judicial Magistrate, Court No.1, Mainpuri, is 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, 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 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 observations/directions, application under Section 482 Cr.P.C. is finally disposed off.
Order Date :- 9.12.2019 m.a.