Court No. - 49
Case :- APPLICATION U/S 482 No. - 24931 of 2018 Applicant :- Jagdish Singh And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari 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 dated 28.03.2018 as well as the entire proceedings of Case No. 646 of 2018 (State Vs. Jagdish Singh and Others), arising out of Case Crime No. 47 of 2017, under Sections- 147, 148, 308, 323, 325, 427, 506 I.P.C., Police Station- Basauni, District- Agra, pending in the court of A.C.J.M.-8, Agra.
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.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the 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 30 days from today and apply for bail and release of the attached property, such prayer shall be considered and decided in accordance with law.
For a period of 30 days from today, coercive measures adopted against the applicants shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 26.7.2018 Abhilash