Sharad @ Monu Pandey vs State Of U.P. And Another
2018 Latest Caselaw 4141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 43696 of 2018
 
Applicant :- Sharad @ Monu Pandey
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Lok Nath Shukla,Jitendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

This application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No. 133 of 2018 dated 6.6.2018 in Case Crime No. 153 of 2018 ( State Versus Sharad @ Monu Pandey) under Sections 504, 506 IPC, 3(1)(Da) 3(1)(Dha) SC/ST Act, Police Station Gopiganj , District Bhadohi, pending in the Court of Additional Session Judge - II SC/ST Bhadohi, Gyanpur.

Learned counsel for applicant submits that he does not press for quashment but as the cognizance is taken in Charge Sheet No. 133 of 2018 dated 6.6.2018 in Case Crime No. 0153 of 2018 ( State Versus Sharad @ Monu Pandey) under Sections 504, 506 IPC, 3(1)(Da) 3(1)(Dha) SC/ST Act, Police Station Gopiganj , District Bhadohi, his client would appear before the Court below and seek for bail and will seek discharge and bail. He further submits that even if the FIR and the doucmentary evidence and the statement of the witnesses are taken as there are the charge sheet could not have been laid against him under Section 3(1)(Da) 3(1)(Dha) SC/ST Act.

He has no antecedents. Charge sheet was laid which is under challenge. At this stage as the summon is still not issued, the accused has a right under Section 227 of Cr.P.C. to file discharge application, once he is summoned.

While going through the documents, it would be better to permit the accused to appear before the Trial Court in view of the order passed by Division Bench of this High Court passed in Criminal Misc. Writ Petition No. 31237 of 2018 ( Mohammad Farid Versus State of U.P. and 2 Others) decided on 31.10.2018.

While going through the FIR it is nowhere mentioned that the complainant belonged to which community. It is nowhere mentioned that what kind of bad words were used by the accused pertaining to his caste, his further statement is also silent on this fact.

On his filing of application as it is submitted that prima facie it made out that the allegations of SC/ST Act has not been made out.

No coercive action be taken till the bail application of accused is decided by the Trial Court . Petitioner may seek revival of this petition in case of difficulty.

Disposed of with the aforesaid direction.

Order Date :- 5.12.2018/Mukesh