Court No. - 32
Case :- APPLICATION U/S 482 No. - 6454 of 2018 Applicant :- Akhilesh And 2 Another Opposite Party :- State Of Another Counsel for Applicant :- Alka Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard Mr. Deepak Kumar Vishwakarma holding brief of Smt. Alka Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding u/s 82 of Cr.P.C. arising out of case crime no. 270 of 2016, u/s 363, 366 (A), 372, 323 IPC and 7 POCSO Act, P.S. Puramufti, District Kaushambi.
Learned counsel for the applicants contended that applicants have been falsely implicated in the present case. Hence, the entire proceeding is liable to be quashed. Alternative prayer is to issue direction to the court below to consider the prayer for bail of the applicants 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 A.G.A. opposed the aforesaid prayer.
Considered the submission of the learned counsel for the parties. In view of the allegation, at this stage, it cannot be said that no offence is made out. The version of the defence has to be examined at appropriate stage, on the basis of evidence adduced by the parties, in accordance with law. Hence, no interference is required u/s 482 Cr.P.C. However, the court concerned is expected to scrutinize the material very carefully so any innocent person is not harassed, prosecuted and held guilty.
However, without expressing any opinion on merit, in view of the facts, if the applicants appear before the court concerned within three weeks from today and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law.
With aforesaid observation and direction, the present application is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava