Court No. - 85
Case :- APPLICATION U/S 482 No. - 11476 of 2021 Applicant :- Gulam Hussain And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.,Mohammad Mustafa
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 charge sheet dated 2011.2019, cognizance order dated 23.7.2020 passed by learned A.C.J.M./FTC, Siddharth Nagar, as well as entire proceedings of Criminal case NO. 3618 of 2020 ((State Vs. Gulam Hussain and others), ) arising out of case crime No. 47 of 2018 for the offence under sections 419, 420, 467, 468, 471, 120-B IPC and section 3 of Prevention of Damage of Public Property Act, P.S. Shohratgarh, District Siddharth Nagar.
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, circumstances of the case and submission that applicant NO. 1 has been arrested, therefore, the prayer made against him is refused. So far as applicant no. 2 is concerned, it is directed that if the applicant No. 2 appears and surrenders before the court below within two weeks from today and applies for bail, his 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