Court No. - 71
Case :- APPLICATION U/S 482 No. - 16999 of 2019
Applicant :- Bechan Yadav And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chand Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
2The present 482 Cr.P.C. application has been filed to quash the impugned summonng order dated 6.2.2018 as well as the entire proceedings of Complaint Case No.66 of 2017 (Smt. Madhuri Chaudhary Vs. Bechan Yadav and others ), under Sections 147, 148, 149, 166, 323, 504, 506, 427, 442 I.P.C. and Section 3(1) (V) (X) (Xi) 4 of SC/ST Act, Police Station Unj, District Bhadohi, pending in the court of learned Special Judge, SC/ST Act/Additional Session Judge, Court No.2, Bhadohi, Gyanpur.
Learned counsel for the applicants submitted that the applicant No. 1 Bechan Yadav is aged about 70 years of suffering from various old age ailments. He further submitted that the no offence against the applicants 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 to quash the impugned order. The prayer to quash the same is hereby refused.
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 30 days from today and applies for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of.
The applicant no.1 shall move an application for personal exemption in trial Court and learned lower Court will sympathetically consider that application considering his age.
Order Date :- 29.4.2019 Mini