Chhanga Prasad and Anr. Vs State of U.P. and Another

Court No. - 80

Case :- APPLICATION U/S 482 No. - 1902 of 2020

Applicant :- Chhanga Prasad And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Rakesh Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the order dated 9.10.2019 passed by Chief Judicial Magistrate in Case No. 290 of 1997, State vs. Chhanga Prasad & Others, (Case Crime No. 95 of 1984), under Sections 302, 307 I.P.C., P.S. Kabrai, District Hamirpur, now Mahoba.

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Learned Counsel for the applicants submits that applicants are innocent. They have committed no offence and they have been falsely implicated in the present case due to enmity. It has further been submitted that Investigating Officer did not investigate the matter properly; there was no evidence against the applicants but despite no evidence he submitted chargesheet against the applicants.

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It has further been submitted by the learned counsel for applicants that challenging the charge-sheet submitted by Investigating Officer, applicants filed an application under Section 482 Cr.P.C. in the year 1987, which came to be dismissed in default on 7.1.2001. Restoration thereof has also been dismissed on 23.09.2019.

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It has further been submitted by the learned counsel for applicants that applicants again filed application under Section 482 Cr.P.C., which has also been dismissed in default. It has further been submitted by him that earlier two applications have not been decided on merit and unfortunately both were dismissed in default, therefore, he could not get justice.

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It is further contended that applicants is of an old persons, aged about more than 80 years and both are real brother also and were running seriously ill for a long and suffering heart disease; they are undergone treatment of Sahara Hospital, Lucknow, Sanjay Gandhi Post Graduate Institute of Medical Sciences,

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Lucknow and Fortis Escorts Institute and Research Centre Ltd, New Delhi.

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In the last, it has further been submitted on behalf of applicants that applicants are old and sick, therefore, they are entitled to get benefit of Section 437 Cr.P.C. at the time of disposal of their bail applications and a suitable direction may be issued for disposal of their interim and regular bail.

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Per contra, learned AGA opposed the application refuting all the submissions made by learned Counsel for applicants and submitted that applicants are named in the FIR. Earlier they have filed two applications under Section 482 Cr.P.C. which were dismissed in default; and they do not want to get the case decided and adopting all tactics to linger the case but learned AGA but no objection to the aforesaid request regarding direction of bail.

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Upon the consideration of all circumstances of the case and rival submissions made by learned Counsel for the parties, medical papers of the applicants, their age and illness, present application under Section 482 Cr.P.C. is disposed of finally with a direction to the Courts below that if the applicants surrender and apply for interim and regular bail within a period of three months. Trial Court shall consider preferably on the same day, if possible, applicants' age, their illness and medical papers keeping in view the provisions under Section 437 Cr.P.C. and 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 Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151 in accordance with law .

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For a period of three months from today or till their surrender whichever is earlier, no coercive action shall be taken against the applicants.

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Order Date :- 14.1.2020 Manoj

Chhanga Prasad and Anr. v. State of U.P. and Another

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Chhanga Prasad and Anr. v. State of U.P. and Another

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