Court No. - 53
Case :- APPLICATION U/S 482 No. - 2121 of 2019 Applicant :- Ashok Pachauri And 6 Others Opposite Party :- State of U.P. And Others Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the chargesheet dated 4.7.2017 as well as entire proceedings of Case No. 1850 of 2018 (State Vs. Ashok Pachauri and others) arising out of Case Crime No. 0241 of 2017, under Section 323, 504, 506, 354, 147 and 352 IPC , Police Station Kotwali, District Etah.
Learned counsel for the applicants contended that opposite party No. 2 (Smt. Raunak Dixit) has filed this complaint maliciously with false allegation only to harass the applicants.
Learned A.G.A., contended that there is no illegality in filing of the chargesheet.
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 under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the entire proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. 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 in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then their prayer for interim bail shall be considered and decided on the same day.
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 above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 21.1.2019 Jaswant