Application to quash charge-sheet under Section 482 Cr.P.C. rejected. Court directed applicant to appear before lower court for bail within 30 days or face coercive action, citing settled law.
Quashing of charge-sheet refused; bail application to be disposed if applicant appears within 30 days without coercive action.
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Court No. - 17
Case :- APPLICATION U/S 482 No. - 5730 of 2018
Applicant :- Lalu @Krishna Gopal Opposite Party :- State Of Up Another Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 17.07.2017 registered as case no. 1743 of 2017 (State vs.Sonu Gupta @ Pintu and others) arising out of Case Crime No.80 of 2017 under sections 452, 354, 506 IPC P.S. Shergarh, District Bareilly, pending in the court of Additional District and Session Judge/Fast Track Court, Bareilly.
It is contended by the learned counsel for the applicants that the applicants-accused have been falsely implicated in this case. No such occurrence has taken place. The police has not made proper investigation in this matter and has filed charge-sheet in a routine manner. If proceedings are allowed to continue that would amount to an abuse of process of court.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, the prosecution case is that earlier one case was registered against Sonu, Sachin and Rajni and when they came out from jail, they along with the present accused Lalu @ Krishna Gopal tried to put pressure upon the first informant to enter into a compromise in that case and when she refused, they gave effect to the present occurrence on 20.8.2016 at 9.15 p.m. The present accused along other co-accused entered the house of the complainant and on pistol point, they tried to take her away. The police after investigation has found the case proved and has submitted charge-sheet against the present accused. On the basis of evidence collected by the Investigation Officer under section 161 Cr.P.C., cognizable offence is made out against the applicant which cannot be disbelieved without trial in this case. Hence no substance is found in the argument of the learned counsel for the applicants. At this stage, no case is made for quashing the charge sheet.
The prayer for quashing the proceedings as well as quashing charge-sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided in view of the settled law laid-down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment 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 applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With aforesaid direction, this application is finally disposed of. Order Date :- 12.3.2018 AU
2 issues framed by the court
Whether transfer of application under Section 482 Cr.P.C. and bail proceeding before lower court remains in judicial custody.
Whether quashing of complaint is justified under settled law laid by this Court and Honorable Apex Court.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Applied¶11
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Applied¶11
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Lalu @Krishna Gopal
Dinesh Kumar Singh-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
