Court No. - 40
Case :- APPLICATION U/S 482 No. - 22221 of 2019 Applicant :- Hari Shanker Opposite Party :- State Of Up And Another Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire proceedings of Case No. 255 of 2019 (State Vs Arvind Banaudha and others) arising out of Case Crime No. 146 of 2018, under Sections 294, 452, 504 IPC, Police Station Raipurwa, District Kanpur Nagar and also quash the charge-sheet dated 21.10.2018 as well as to stay the effect and operation of the impugned cognizance order dated 02.01.2019.
As per the allegations made in the FIR, it is alleged that the applicants along with two others entered in the house of the first informant with an intention to drag her. On the basis of which, an FIR has been lodged. The police thoroughly investigated the matter and submitted the charge-sheet against the applicants, on which, learned Magistrate has taken cognizance on 02.01.2019.
From the perusal of the material collected during the course of investigation and looking into the facts of the case, at this stage it cannot be said that prima facie, no offence is made out against the applicant, as such, charge-sheet dated 21.10.2018 as well as impugned cognizance order dated 02.01.2019 cannot be quashed.
However, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 4.6.2019 Nadim