Court No. - 49
Case :- APPLICATION U/S 482 No. - 25682 of 2018 Applicant :- Dhiraj @ Neeraj And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kumar Singh,Rai Anandi Prasad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 21 of 2016 dated 15.1.2016 as well as entire proceeding of Criminal Case No. 559 of 2016 (State Vs. Dhiraj @ Neeraj @ others), arising out of Case Crime No. 292 of 2015, under Sections 323, 336, 504, 506 and 308 IPC, Police Station Sarnath, District Varanasi, pending in the court of 7th Additional Chief Judicial Magistrate, Varanasi.
The contention of learned counsel for the applicants is that 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.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
With the above directions, this application is disposed of finally.
Order Date :- 31.7.2018 Mini