Court No. - 73
Case :- APPLICATION U/S 482 No. - 17462 of 2019 Applicant :- Jaikaran Yadav And 4 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 2151/2015 arising out of Case Crime No. 353 of 2013, (State vs. Jaikaran Yadav and Ors), under Sections 147, 148, 149, 435, 323, 504, 506, 452 and 427 of IPC, P.S.- Sahjanawa, District Gorakhpur, pending in the court of Civil Judge (S.D.) F.T.C. Gorakhpur.
It has been argued by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. opposed the application.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out as it is apparent that the matter requires adjudication of questions of fact and appreciation of evidence which is not permissible under jurisdiction 482 Cr.P.C. Hence, the prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, on its own merits in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 30.4.2019 A. Tripathi