Court No. - 77
Case :- APPLICATION U/S 482 No. - 16891 of 2019 Applicant :- Ashu Alias Mayur Tyagi And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by Hon'ble the Senior Judge vide order dated 29.4.2019.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 8 of 2015 dated 19.1.2015 and cognizance order dated 7.2.2015 and also quash the further proceeding of Case No. 891/9 of 2015 (State Vs. Ashu and others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Muzaffarnagar, arising out of Case Crime No. 194 of 2013, pending in the court of Additional Chief Judicial Magistrate, Muzaffarnagar and also stay the charge sheet no. 8 of 2015 dated 19.1.2015 and cognizance order dated 7.2.2015 and also quash the further proceeding of Case No. 891/9 of 2015 (State Vs. Ashu and others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Muzaffarnagar, arising out of Case Crime No. 194 of 2013, pending in the court of Additional Chief Judicial Magistrate, Muzaffarnagar A bare reading of the record goes to show that prima facie allegations constitute commission of cognizable offence, hence, there is no reason to interfere in the matter.
The relief claimed in the application by the learned counsel for the applicant is refused.
However, it is observed that in case applicants appear before the court concerned and apply for bail within a period of two months from today. The same shall be disposed of expeditiously by the court concerned in accordance with the law. Till then, no coercive action shall be taken against the applicant.
Learned counsel for the applicants prays that the trial court may be directed to decide their discharge application after obtaining bail from the trial court.
If any such application is moved by the applicants, the same shall be considered and decided in accordance with law expeditiously.
With the aforesaid observations, the application stands disposed of finally.
Order Date :- 29.4.2019 OP