An application under Section 482 Cr.P.C. to quash the charge sheet was dismissed as no infirmity was made out. The court granted a two-month window to surrender and apply for bail, after which no coercive action would be taken for a limited period.
Application dismissed; opportunity granted to surrender and apply for bail within two months.
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Court No. - 50
Case :- APPLICATION U/S 482 No. - 3911 of 2019
Applicant :- Ashraf And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhuvnesh Kumar Singh,Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by Hon'ble the Chief Justice vide order dated 31.1.2019.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge sheet dated 12.11.2018 bearing no. 435 of 2018 (State Vs. Ashraf and others) arising out of Case Crime No. 542 of 2018, under Sections 354-B, 504, 506 IPC & 3(2)Va) S.C./S.T. Act, Police Station Sheohara, District Bijnor, pending in the court of Additional Session Judge, Court No. 2, Bijnor and to stay the entire proceeding of the case.
Learned counsel for the applicants submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicants.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within two months from today, the same shall 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 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 1.2.2019 A. Singh
2 issues framed by the court
Whether interference with the impugned charge sheet and cognizance order under Section 482 Cr.P.C. is justified.
Whether an opportunity to surrender be granted to the applicants to seek bail.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶12
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶12
Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Ashraf
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
