Court No. - 64
Case :- APPLICATION U/S 482 No. - 15932 of 2019 Applicant :- Deepak Kaushik And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicants claims that applicant nos. 1, 2 and 3 are to be deleted as they have already availed bail pursuant to the summoning order issued on 13.6.2018, as such no relief has been sought against them at this juncture and this application should be treated for applicant nos.4 and 5 as applicant nos.1 and 2.
Learned counsel for the applicants is directed to incorporate amendment as per his submission and number Smt. Monika and Brij Bhushan as applicant nos.1 and 2, the nand and nandoi of opposite party no.2 and to delete applicant nos.1, 2 and 3 as previously arrayed applicants in this case.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 1594 of 2018 (Smt. Yogita Sharma vs. Deepak Kaushik and others) under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, P.S. Sihanigate, District Ghaziabad as well as summoning order dated 13.6.2018 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad, pending before the A.C.J.M. Court No.3, Ghaziabad.
Upon consideration of the various aspects of this case, obviously the claim is that the allegations are vague and general and no specific role has been assigned and the applicants resides separately from the family of opposite party no.2 and they have got no nexus with the crime in question.
It is directed that, if the case appears to be squarely covered only by vague allegations and no specific allegations have been made, then the lower court is certainly bound to look and consider the directions contained in Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464 and then to act according to the law and pass appropriate orders. That way, the present applicants may seek their bail as well as discharge from the court below.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within three weeks' from today and move application for bail/discharge, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties, expeditiously.
For a period of three weeks from today or till disposal of the aforesaid application, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2019 S Rawat