Mewa Ram @ Mewa Lal And Another vs State Of U.P. And Another
2023 Latest Caselaw 11131 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 
Case :- APPLICATION U/S 482 No. - 11883 of 2023
 
Applicant :- Mewa Ram @ Mewa Lal And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vinod Kumar Singh Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard Mr. Vinod Kumar Singh Kushwaha, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire criminal proceeding of 1st charge sheet dated 08.03.2022 and summoning order dated 09.09.2022 in Criminal Case No.942 of 2022 in Case Crime No.08 of 2022, under Sections 147, 323, 504, 506, 452, 308 IPC and in 2nd charge sheet dated 24.05.2022 in same Case Crime No.08 of 2022, under Sections 323, 504, 506, 452, 308 and 34 IPC, Police Station Bahariyabad, District Ghazipur.

Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants, in fact, no such incident has taken place. The applicants have never committed any offence as alleged against them. After investigation, the investigating officer has submitted charge sheet on 08.03.2022 and the learned Magistrate has taken cognizance and summoned the applicants. Being aggrieved, the applicants have approached this Court by filing Application u/s 482 Cr.P.C. No.6268 of 2023 and this Court after hearing the parties, vide order dated 21.02.2023 the applicants were directed to apply for bail in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922, thereafter, in compliance of order dated 21.02.2023, the applicants approach before the court below but the learned court below has refused to grant bail stating therein that there is two charge sheet. Further submissions is that after filing the charge sheet on 08.03.2022, the investigating officer has prepared CD No.9 and while deleting the section 34 and adding the other accused persons, has submitted second charge sheet on 24.05.2022 and the learned court below has taken cognizance but till date court below has not summoned the applicants in the second charge sheet.

Further submission is that when the court below refused to grant bail on the ground that there is two charge sheet, then the applicants came to know about the second charge sheet then without making any delay, this second application has been filed. The learned court below without applying its judicial mind and without scrutinize the evidence produced by the applicants has summoned the applicants, which is not sustainable in the eye of law, hence, the same is liable to be quashed.

Learned AGA has vehemently opposed the prayer made by learned counsel for the applicants.

Considering the facts and circumstances of the case and the nature of the allegations as well as submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail in Case Crime No.08 of 2022, under Sections 147, 323, 504, 506, 452, 308 and 34 IPC, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

With the above directions, this application u/s 482 is disposed of finally.

Order Date :- 13.4.2023

Ajeet