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KAPTAN SINGH & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Kaptan Singh & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. - 24182 of 2007 [2007] RD-AH 16383 (5 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

COURT NO.36

Crl. Misc. Application no. 24182 of 2007

Kaptan Singh and others . . . . . . . . . . . . . . . . . . . . . . Applicants.

Versus

State of U.P. and another . . . . . . . . . . . . . . . . . . . . Opp.Parties..

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Hon'ble R.K.Rastogi,J.

This is an application under section 482 Cr.P.C. to quash

the proceedings of Criminal Case no. 1101 of 2007, State Vs. Kaptan Singh and others, under sections 147, 148, 307, 324, 325, and 504, I.P.C. pending in the court of the Judicial Magistrate, Badaun.

I have heard learned counsel for the applicants and the learned A.G.A. for the State.

It appears from perusal of the file of this case that it is a cross case. The applicant no.1 Kaptan Singh had lodged a F.I.R. at police station Zarif Nagar district Badaun against Mahesh, Mukesh, Ashok, Urman, Ram Niwas, Satya Ram, Charan Singh and Madan under sections 147, 148, 307, 324, 504 and 323,I.P.C. on 14.11.2006 in respect of an incident of Marpit which had allegedly taken place on 13.11.2006 at 9 A.M.On the basis of said F.I.R. police has registered case crime no. 439 of 2006 and after investigation of the case submitted charge sheet on 8.12.2006 against the accused. An other F.I.R. giving cross version of the same incident was lodged by Manik O.P. no. 2 on 17.11.2006 against Kaptan Singh, Satya Ram, Rakesh, Madan Lal, Brij Pal, Kishan Pal, Noval Singh and Radhey Shyam giving cross version of the same incident and on the basis of this F.I.R. case crime no. 439A of 2006 was registered and the police after investigation submitted charge sheet in the cross case also under sections 147, 148, 307, 324, 325, 323 and 504 I.P.C. against the applicants on 8.12.2006.

It is clear that factum of incident is admitted by both the parties and the dispute is as to who are actual participants and who are the aggressors. This dispute cannot be decided in this petition under section 482 Cr.P.C.

Taking into consideration the cross versions I am of the view that no good case for quashing the charge sheet or staying the proceedings of the criminal case is made out. However, if the applicants appear before the court concerned and apply for bail, their bail application shall be considered and decided by the courts below expeditiously, if possible, on the same day.

The applicants are allowed one month's time to appear before the court concerned and during this period execution of non-bailable warrants against them shall remain stayed to enable them to appear before the court concerned.

The application under section 482 Cr.P.C. is finally disposed of with the above directions.

Dated:5.10.2007

RPP.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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