Rajit Ram vs The State Of U.P Thru Secy., Home ...
2015 Latest Caselaw 4595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- U/S 482/378/407 No. - 3454 of 2014
 
Applicant :- Rajit Ram
 
Opposite Party :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors.
 
Counsel for Applicant :- Naveen Chandra Upadhyay
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned A.G.A.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Crl. Case No. 330 of 2012, arising out of Case Crime no. 80 of 2012, under Sections 324, 323, 504, 506 and 307 I.P.C., P.S. Sirsia, district-Shravasti pending before the Civil Judge (J.D)/ Judicial Magistrate, Shravasti  as well charge sheet.

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the proceeding. Therefore, the prayer for quashing the criminal proceedings is refused.

Learned counsel for the applicant submitted that the applicant has already been enlarged on bail for the offences under SEctions 324, 323, 504 and 506 I.P.C. and has made a prayer that the Court concerned be directed to consider and decide the applicant's prayer for bail under Section 307 I.P.C. also expeditiously in accordance with law, if possible on the same day as admittedly the author of the solitary injury received by the injured is co-accused Jhabbar Yadav. 

In view of the above, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his 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.

With the above directions, this petition is disposed of finally.

Order Date :- 26.11.2015/Faridul