Single judge refused to quash charge sheet under S. 482 Cr.P.C. as offences were made out. Directed that bail be decided expeditiously with victim's hearing as per S.C./S.T. Act. Order disposed of.
None. Charge sheet and cognizance order refused to be quashed. Direction issued for speedy consideration of bail applications.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 2959 of 2018 Applicant :- Shiv Murat And 3 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Vinod Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 28.10.2016 (State Vs. Manmohan Chauhan and others) under Sections 147, 323, 427, 452, 504, 506 IPC, Section 3 (1) R (S), S.C./S.T. Act arising out of case crime no. 130 of 2016, Police Station Rani Ki Sarai, District Azamgarh pending before Additional District Judge, Court No. 2, Azamgarh.
It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly malafide as such, the present proceedings are an abuse of the process of the court.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.
Accordingly, the prayer for quashing the impugned charge sheet as well as cognizance order is refused.
However, none of the aforesaid offences alleged against applicants are punishable with imprisonment for more than seven years.
In view of order passed by this Court on 23.01.2018 in Application under Section 482 Cr.P.C. No. 43217 of 2017 (Smt. Sakeena and others Vs. State), it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
With the aforesaid observations, this application under Section 482 Cr.P.C., stands finally disposed of .
Order Date :- 6.2.2018
Jaswant
3 issues framed by the court
Whether the offence disclosed in the charge sheet warrants quashing as an abuse of process of the court?
Whether procedures must be expeditiously adopted for bail in cases involving offences under the S.C./S.T. Act to ensure victim's right under Section 15A (5)?
Whether interim bail should be decided on the same day in the present case?
Colour shows how this judgement treated each authority
Smt. Sakeena and others Vs. StateRelied on¶10
Application under Section 482 Cr.P.C. No. 43217 of 2017 (Smt. Sakeena and others Vs. State)
2 provisions across 2 enactments
Shiv Murat and 3 Ors.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
