Application to quash charge sheet under Section 482 Cr.P.C. dismissed with condition that if applicants surrender to court below within 30 days, bail application will be considered with no coercive action in interim.
Quashing of charge sheet refused. Interim protection granted if applicants surrender to court below within 30 days.
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Court No. - 17
Case :- APPLICATION U/S 482 No. - 5811 of 2018
Applicant :- Malkhan Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jeet Bahadur Singh 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 no. nil of 2017 dated 9.4.2017 registered as criminal case no.14680 of 2017 (State vs. Malkhan Singh and others) arising out of NCR No.139 of 2016 under sections 323, 504, 506 IPC P.S. Civil Lines, District Aligarh.
It is contended by the learned counsel for the accusedapplicants that the accused-applicant nos. 1 to 4 have been falsely implicated due to civil litigation being pending between them. It is by way of retaliation that the present criminal proceedings have been initiated against the applicants-accused nos. 1 to 4.
Heard the argument of the learned counsel for the applicants and perused the record.
According to FIR, the prosecution case is that on 28.8.2017 at 19.00 hrs. all the accused-applicant nos. 1 to 4 had abused the first informant and the opposite party no.2 and when they asked them not to abuse them, they started beating the opposite party no. 2 and his brother and went away giving threat to their life. Injury memo is also on record which shows that six injuries have been caused to Sukhbir, elder brother of the first informant. The police after investigation found the case proved against all the accused-applicant nos. 1 to 4. At this stage, it cannot be held that no cognizance offence is made out against the accused-applicant nos. 1 to 4.
The prayer for quashing the proceedings 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, then the bail application of the applicants 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 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 applicants. However, in case, the applicants do 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 :- 8.3.2018 AU
2 issues framed by the court
Whether the charge sheet arising out of an altercation and F.I.R. under sections 323, 504, 506 IPC should be quashed.
Whether bail applications of accused appearing before the trial court within 30 days should be given priority.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶10
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Malkhan Singh And 3 Ors
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
