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2015 DIGILAW 1155 (ALL)

Ajeet Singh @ Munna Singh v. State of U. P.

2015-05-11

YASHWANT VARMA

body2015
JUDGMENT Yashwant Varma, J. Heard learned counsel for the applicants and the learned A.G.A. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 31/7/2014 submitted against the applicants in Case Crime No.115 of 2014 under Sections 147,323,504,506 and 448 IPC Police Station: Sigra District- Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi and to further stay the proceedings of Case No. 1959 of 2015, (State Vs. Ajeet Singh & Ors) arising out of Case Crime No.115 of 2014 under Sections 147,323,504,506,448 I.P.C. Police Station-Sigra, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi. 3. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 4. The prayer for quashing the proceedings of the aforesaid charge sheet is refused. 5. However, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall 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 judgement 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. 6. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. With the aforesaid directions, this application is finally disposed of.