Court No. - 85
Case :- APPLICATION U/S 482 No. - 16640 of 2021 Applicant :- Jagdish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mani Tripathi 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 entire proceeding of Case No. 16629 of 2020 (State vs. Virendra and others) as well as Charge Sheet No. A318 of 2020 dated 16.12.2020 including cognizance order dated 24.12.2020, arising out of Case Crime No. 328 of 2020, u/s 147, 148, 323, 324, 504, 308 I.P.C., P.S. Nibuwa Naurangiya, District Kushi Nagar, pending in the court of Judicial Magistrate, Kushi Nagar at Padrauna.
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. He further submitted that N.B.W. has been issued on 5.9.2021.
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 :- 24.9.2021 Vandana