Court No. - 85
Case :- APPLICATION U/S 482 No. - 13023 of 2021 Applicant :- Chandra Pal Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Learned counsel for the applicant files supplementary affidavit today, taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of the entire proceedings of Case No. 4367 of 2014 arising out of case crime NO. 24 of 2014, under sections 323, 504, 506, 325, 326, 307, 342, 354, 406 and 376/511 IPC, P.S. Kalyanpur, district Kanpur Nagar as well as charge sheet dated 10.5.2014 (State Vs. Prem Chandra and others) passed by A.C.M.M.-II, Kanpur Nagar.
The contention of learned counsel for the applicant 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 applicant 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 applicant 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 applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
The present application stands disposed of. Order Date :- 16.9.2021 RPD