Court No. - 32
Case :- APPLICATION U/S 482 No. - 6373 of 2018 Applicant :- Ajay Kumar Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuwar Ritesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 16.8.2017 as well as entire criminal proceedings of criminal case no.1013 of 2018 arising out of case crime no.259 of 2017, under sections 323, 504, 308 IPC, P.S. Gorakhnath, District Gorakhpur and further prayer is to stay the proceeding of aforesaid case crime.
Learned counsel for the applicant submitted that on the basis of false allegation applicant was implicated in the present case. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties. The court concerned, where proceeding is pending, is expected to scrutinize the material carefully so any innocent person is not harassed, prosecuted and held guilty. Since the disputed question of facts requires appreciation of evidence hence at this initial stage it is not a fit case for interference under section 482 Cr.P.C.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicant appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off, as expeditiously as possible, in accordance with law.
For a period of three weeks no coercive action shall be taken against the applicants.
Accordingly, present application under section 482 Cr.P.C. is hereby disposed off.
Order Date :- 28.2.2018 Pramod