Court No. - 40
Case :- APPLICATION U/S 482 No. - 22347 of 2019 Applicant :- Ashwani Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Mani Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire criminal proceeding of criminal Case No. 38 of 2017 (State Vs. Ashwani Kumar and Others) under Sections 354-A, 504, 506 IPC and 11/12 of POSCO Act, Police Station Puramufti, District Kaushambi as well as Charge Sheet No.25 of 2015 dated 8.03.2015 in Case Crime No.42 of 2015 and cognizance order dated 4.4.2017.
Learned counsel for the applicant has submitted that as per the allegations made in the FIR, it is alleged that the applicant tried to outrage the modesty of his daughter Neha and on being challenged tried to assault his uncle.
From the perusal of the material collected during the course of investigation and looking into the facts of the case, at this stage it cannot be said 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 under Section 482 Cr.P.C., as such, the prayer for quashing the Charge Sheet No.25 of 2015 dated 8.03.2015 in Case Crime No.42 of 2015 as well as cognizance order dated 4.4.2017 are refused.
However, it is directed that if the applicant appears and surrenders before the court below within thirty days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law as expeditiously as possible. For a period of thirty days, no coercive action be taken against the applicant.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.6.2019 Nadim