Allahabad High Court
Mohd. Zubair @ Mohd. Jubair vs State Of U.P. And Another on 13 July, 2018
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 23091 of 2018
Applicant :- Mohd. Zubair @ Mohd. Jubair
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shweta Srivastava,Alok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri MPS Gaur, learned AGA appearing on behalf of the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned charge sheet dated 01.04.2018 in Criminal Case No.60501 of 2017-State Vs. Mohd. Zubair & Ors. (arising out of Case Crime No.82 of 2017), under Sections 147, 148, 149, 336, 427, 436, 511 IPC, Section 7 Criminal Law (Amendment) Act, 1932 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, PS Swaroop Nagar, District Kanpur Nagar pending in Court of the Chief Metropolitan Magistrate, Court No.3, Kanpur Ngar.
The case against the applicant is that on the day of occurrence after a young man came under the wheels of a Roadways City Bus, the applicant along with the other nominated accused numbering eleven, commanding a mob of about 200-250 persons blockaded a public road and pelted stone on city buses, in consequence of which passengers of those buses took to their heels. There was an affray. Shopkeepers close by on account of the terror unleashed by the mob pulled down their shutter and also took to their heels. It is urged that the police from different police stations arrived, but the unlawful assembly of which the applicant was a part attempted to set afire city buses numbering two, the details of which are mentioned in the FIR. In the ensuing violence that was unleashed by the mob, police men sustained injuries as a result of brick bats thrown at them, the vehicle of SHO, Nawabganj was damaged. The blockade that was placed on the public road was removed with great difficulty by employing police force summoned from different police stations. In the entire episode, the applicant's role has been prominently noticed. After investigation the police have found the prosecution case in the FIR vindicated.
Learned counsel for the applicant has argued with great vehemence that the applicant has been named in the FIR on account of the fact that he is an uncle of the deceased who came under the wheels of the city bus and could, therefore, be identified. He has further argued that the applicant was at his place of work located at a distance of 31 kilometres away from the place of occurrence regarding which he has filed a certificate from his employers.
Learned AGA has opposed the motion to admit the application for hearing and with the submission that the offence is serious and invloves essentially disputed questions of facts that would be facts in issue.
This Court has considered the matter and finds that the submissions which the applicant has advanced are his disputed defence. They may be absolutely true and the applicant may be innocent; contrariwise, the applicant may be utterly guilty. It is not for this Court to go into intricate questions or fact or even a plea of alibi which in its nature, except in very rare cases is a plea to be examined at the trial and not in proceedings under 482 CrPC.
The prayer for quashing the charge sheet is, therefore, refused.
Considering the aforesaid facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before 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 down by this Court in the case of Amrawati & Anr. 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 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 13.7.2018
Shahroz
