Om Prakash And Anr. vs The State Of U.P And Anr.
2014 Latest Caselaw 3771 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 68 of 2014
 

 
Applicant :- Om Prakash And Anr.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- O.P Tiwari,Sachin Shukla
 
Counsel for Opposite Party :- Govt. Advocate,Arun Kumar Pandey
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and Sri Arun Kumar Verma, learned counsel for the complainant.

This application has been filed by the applicants with a prayer to quash the proceedings of case No. 624 of 2008 State of U.P. Vs. Om Prakash and  another arising out of charge sheet submitted in case crime No. 628 of 2007 under section 323, 325, 504, 506 IPC and section 3(2)X SC/ST Act, P.S. Bilgram, District Hardoi pending i nthe court of learned C.J.M. Harodoi.

From the perusal of the record it reveals that in the present case FIR has been lodged by Dharmpal against the applicant on 30.10.2007 at 3.10 P.M. in respect of the incident allegedly occurred on 5.10.2007 at about 5.00 P.M. The allegation has been made that injuries have been caused by butt of the country made pistol and Lathi and the applicants have hurled the abuses. The applicants have extended the threat also. After completing the investigation the charge sheet has been submitted on the basis of material collected by the I.O.  during investigation. The I.O has not committed any error in submitting the charge sheet  because the material collected by the I.O. prima facie  cognizance  offence is made out. The learned Magistrate concerned has also not committed any error in taking the cognizance. There is no illegality in the proceeding pending against the applicants. The prayer for quashing the proceedings of the above mentioned case is refused.

However, it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of in view of  Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

The interim order dated 13.1.2014 is hereby vacated.

It is further directed that in case both the parties entered into compromise, the same shall be considered by the court concerned at appropriate state.

With this direction, this petition is finally disposed of.

Order Date :- 30.7.2014

RPD