Court No. - 85
Case :- APPLICATION U/S 482 No. - 10515 of 2021 Applicant :- Gopal Rai And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Das Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,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 praying for quashing of the entire proceedings of Criminal Case o. 5805 of 2020 (State Vs. Gopal Rai and others), case crime No. 44 of 2019, under sections 323, 506, 308 IPC, P.S. Rani Ki Sarai, District Azamgarh pending in the Court of Judicial Magistrate, Azamgarh as well as the impugned charge sheet dated 12.5.2020 an impugned cognizance order dated 15.12.2020.
The contention of learned counsel for the applicants 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 applicants 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 applicants 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 applicants appear and surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 29.10.2021 RPD