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2016 DIGILAW 3834 (ALL)

Gulshan v. State of U. P.

2016-11-29

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal, J. Heard learned counsel for the applicants, learned A.G.A. and perused the record. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of case no. 1604/9 of 2015, (Smt. Babita Vs. Gulshan and another) under sections 323, 376/511 I.P.C. Police Station Purkaji District Muzaffarnagar as well as summoning order dated 13.4.2015 passed by learned A.C.J.M. Court No. 1, Muzaffarnagar and the order dated 12.9.2016 passed by learned Addl. Sessions Judge, Court No. 3, Muzaffarnagar in criminal revision no. 113 of 2015. The contention of the counsel for the applicants is that the opp. Party no. 2 Smt. Babita is real aunty of applicant no. 1. The opp. Party no. 2 Babita and her husband Deshu @ Deshraj have committed murder of father of applicant no. 1. In this regard, a first information report was lodged by mother of applicant no. 1 under section 304 and 323 IPC. In that case I.O. has submitted chargesheet and in that case applicant no. 1 Gulshan has also sustained injury. In counterblast, this false F.I.R. has been lodged by opp. Party no. 2 only to make pressure upon the applicants for compromise after six months of the murder of father of applicant no. 1. It has further been submitted that in this case I.O. has submitted final report. On the protest petition of complainant, the applicants have been summoned to face trial vide order dated 13.4.2015 passed by A.C.J.M. Court No. 1, Muzaffarnagar. The applicants have preferred a revision against the order dated 13.4.2015 which was dismissed by Additional Sessions Judge/F.T.C. No. 3, Muzaffarnagar vide judgement and order dated 12.9.2016. The summoning order as well as the order of revisional court is not according to law. The present prosecution has been initiated against the applicants with malafide intention only to harass them. Per contra learned A.G.A. argued that in this case the F.I.R. was lodged by opp. Party no. 2 on the basis of application moved under section 156(3) Cr.P.C. The I.O. Submitted final report in this case. The complainant moved a protest petition against the final report which was allowed by the Magistrate and the applicants have been summoned to face trial under Sections 323, 376/511 IPC. Against the summoning order a revision was filed on behalf of applicants which was also dismissed by the revisional court. The complainant moved a protest petition against the final report which was allowed by the Magistrate and the applicants have been summoned to face trial under Sections 323, 376/511 IPC. Against the summoning order a revision was filed on behalf of applicants which was also dismissed by the revisional court. Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceedings of the aforementioned case as well as summoning order dated 13.4.2015 and the order dated 12.9.2016 passed by learned Addl. Sessions Judge, Court No. 3, Muzaffarnagar in Cr. Revsion No. 113 of 2015, therefore, prayer for quashing the proceedings of the aforesaid case as well as summoning order and order of revisional court dated 12.9.2016 is hereby refused. However, it is directed that if 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 applicants surrender and apply for 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 them. With the aforesaid directions, this application is finally disposed of.