Court No. - 85
Case :- APPLICATION U/S 482 No. - 8355 of 2021 Applicant :- Arshad And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Paul,Bharat Bhushan Paul Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of proceeding of Compliant Case No. 2198 of 2014 (New Compliant Case No. 2288 of 2018) Gulsher Vs. Arshad and others, under section 498-A IPC and section 3/4 D.P. Act, P.S Vinavar, District Budaun pending in the Court of A.C.J.M., Court No. 1, Badaun as well as summoning order dated 21.5.2014 and order dated 19.4.2019, 21.1.2021 issuing non bailable warrant passed by A.C.J.M Budaun.
The contention of learned counsel for the applicants is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 29.10.2021 RPD