Court No. - 53
Case :- APPLICATION U/S 482 No. - 2167 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the entire proceedings of Charge-Sheet No. 01 of 2018 dated 28.04.2018, in Criminal Case No. 2340 of 2018 (State v. Ajay Pasi), arising out of Case Crime No. 48 of 2018, under Sections 341, 504, 307 of the Indian Penal Code, 1860, Police Station - George Town, District - Allahabad, pending in the court of J.M., Court No. 6, Allahabad.
It is contended by learned counsel for the applicant that from the perusal of the impugned F.I.R., it reveals that no one has sustained firearm injury. 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 as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. has opposed the prayer so made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings in the aforesaid case against the applicant by the court below.
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 applicant.
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 entire proceedings in the aforesaid case is refused.
Vide order dated 20.04.2018 passed by a Division Bench of this Court in Criminal Misc. Writ Petition No. - 10122 of 2018 (Ankit v. State of U.P. and 3 Others), arrest of the applicant was stayed in the aforesaid case, till the submission of police report under Section 173(2) of the Code.
The police has submitted charge-sheet in the aforesaid case. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Considering the peculiar facts and circumstances of the case, it is directed that in case the applicant files his bail application, their prayer for bail shall be considered and decided on the same day by the courts below. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day by the courts below.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 22.1.2019 I. Batabyal