Court No. - 53
Case :- APPLICATION U/S 482 No. - 2198 of 2019 Applicant :- Devendra And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceeding of Criminal Case No. 438 of 2017 (State of U.P. vs. Devendra and Others) in pursuance of Charge Sheet dated 22.11.2016, in bearing Case Crime No. 248 of 2016 (N.C.R. No. 69 of 2016) under Sections- 323, 506, 325 I.P.C., Police Station- Gonda, District- Aligarh pending in the court of learned Judicial Magistrate, Iglas, Aligarh.
Learned counsel for the applicants contended from the material brought on the record, no offence is disclosed against the applicants. The present prosecution is launched against the applicants with mala fide intention for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient filing of charge sheet and initiation of criminal proceedings in the aforesaid case against the applicants.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Code.
In view of the above, the prayer for quashing the charge sheet and the entire proceedings in the aforesaid case is refused.
However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day on which they are taken into custody.
For a period of 60 days from today or till applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands finally disposed of.
Order Date :- 22.1.2019 Rohit