Court No. - 15
Case :- APPLICATION U/S 482 No. - 42998 of 2018 Applicant :- Dheeraj Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Babita Shukla,Ram Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of charge sheet dated 04.10.2018 as well as cognizance order dated 16.10.2018 in Case Crime No. 613 of 2018 under Sections 323, 504, 506 I.P.C. and Section 3(1)(Dha) of Prevention of Cruelty of S.C. and S.T. Act, Police Station- Sigra, District- Varanasi.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
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 applicant.
In view of the above, the prayer for quashing the entire criminal proceedings in the aforesaid case is refused.
However, none of the aforesaid offences against applicant is punishable with imprisonment for more than seven years.
Accordingly, in view of order passed by this Court in Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and anothers Vs. State of U.P. and another), reported in 2018(2) ACR 2190, it is directed that in case if the applicant files his bail applications and also pray for interim bail, his prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A(5) S.C./S.T. Act.
For a period of 60 days from today or till applicant surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 29.11.2018 VG..