Court No. - 15
Case :- APPLICATION U/S 482 No. - 39180 of 2016 Applicant :- Smt. Alkesh @ Akhileshi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the Charge Sheet dated 19.10.2016 as well as the entire proceedings in Sessions Trial No. 103 of 2016 (State v. Smt. Alkesh alias Akhilesh and others), arising out of Case Crime No. 1234 of 2016, under Sections 323, 504, 506 and 427 of the Indian Penal Code, 1860 and Section 3(1)द,ध of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - Kotwali, District - Mainpuri.
It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the impugned charge sheet as well as the entire proceedings of the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. Police has submitted charge sheet. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court on 23.01.2018 in Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A(5) of the SC/ST Act.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application is finally disposed of.
Order Date :- 26.11.2018 I. Batabyal