Court No. - 15
Case :- APPLICATION U/S 482 No. - 43154 of 2018 Applicant :- Amit Rana And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been filed on behalf of the applicants with a prayer to quash entire proceedings of case No. 4809 of 2018 State vs. Amit Rana and others, arising out of case crime No. 622 of 2016, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the D.P. Act Police Station Barra, District Kanupr Shahar, pending in the Court of learned Additional Chief Metropolitan Magistrate-II, District-Kanpur Shahar.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the trial court was justified in passing the impugned cognizance order and as such, there is no illegality in passing impugned order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said 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 Cr.P.C.
In view of the above, the prayer for quashing the cognizance order and entire proceedings in the aforesaid case is refused.
However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day, on which they shall be taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.
It is further provided that in case applicant no 2 (Smt. Kamlesh) claims discharge through counsel within 30 days from today, the same shall be considered and decided expeditiously by the trial court.
As far as applicant nos. 1 and 3 are concerned, it is directed that for a period of 45 days from today or till they surrender and apply for bail, whichever, is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands disposed of. Order Date :- 30.11.2018 C. MANI