Dismissed

Tarun Yadav and Another v. State of U.P. and Another

Allahabad HC8 Jan 2018A482/17/2018

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. seeking quashing of a charge sheet and stay of proceedings was rejected as no lack of evidence was demonstrated. Bail applications pending before the trial court are directed to be decided expeditiously, and interim arrest is restrained pending such decision.

What did the court decide?

Quashing of charge sheet dismissed; arrest restrained pending bail disposal; bail applications to be disposed expeditiously.

Tarun Yadav and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 17 of 2018

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Applicant :- Tarun Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakash Chandra Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Sri Chandra Prakash Rai has put in appearance from the side of opposite party no. 2 Dharmraj Yadav and is filing vakalatnama in court. It is apprised by office that this vakalatnama has to be filed in office, not directly in the court because of procedural requirement. Hence, learned counsel for the opposite party no. 2 is directed to file his vakalatnama in office. However, he is permitted to argue in this case.

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This application u/s 482 Cr.P.C. has been moved seeking quashing of the charge sheet dated 25.7.2017 registered as Case No. 4032 of 2017 (State Vs. Tarun Yadav and Ors.) arising out of NCR No. 51 of 2016, under Sections 323, 504 and 506 IPC, P.S. Doharighat, District Mau pending in the court of C.J.M, Mau and a prayer has also been made that during pendency of this application the proceedings in the said case be stayed.

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Learned counsel for the applicants contends that he had lodged an NCR on 28.3.2016 while the opposite party no. 2 in the instant case lodged an NCR on 29.3.2016. In both the cases, police had filed charge sheet after investigation. The attention of the court is drawn towards the injury memos and it is alleged that three injuries are shown to have been received by injured Manoj Kumar and two injuries by Dharmraj Yadav. Doctor has not mentioned duration of the injuries which would indicate that these are procured forged medical reports.

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Heard Sri P.C. Srivastava, learned counsel for the applicant, Sri Chandra Kumar Rai, learned counsel for the opposite party no.2 as well as learned A.G.A. and perused the record.

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It transpires from perusal of the record that as per the NCR dated 29.3.2016, the occurrence took place on 28.3.2016 wherein applicants are alleged to have beaten opposite party no. 2 Dharmraj and his son Manoj Kumar. The above mentioned injuries are received in the said occurrence.

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There is no argument made that the evidence is not on record to

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prove charges under Section 323, 504 and 506 IPC against the applicants. Hence, no force is found for quashing of the the charge sheet. This application deserves to be rejected and is accordingly, rejected. However, in case the appellants appear before the court concerned within one month from the date of order and applies for bail then the court concerned shall decide the same as expeditiously as possible in accordance with the decision of the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported 2005 CRI. L.J. 755. Till then, accused/applicants shall not be arrested. Order Date :- 8.1.2018 A.P. Pandey

Tarun Yadav and Another v. State of U.P. and Another

Case brief

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Tarun Yadav and Another v. State of U.P. and Another

Case brief

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