Court No. - 53
Case :- APPLICATION U/S 482 No. - 2118 of 2019 Applicant :- Jisan And Another Opposite Party :- State Of U.P. And Others Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482, Cr.P.C., has been filed for quashing the entire proceeding of Case Crime No. 221 of 2018 under Sections 307, 452, 427, IPC, Police Station Gagalheri, District Saharanpur pending before the Addl. Chief Judicial Magistrate-II, Saharanpur.
It is submitted by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
Learned A.G.A., contended that there is no illegality or infirmity in the impugned order passed by the trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the entire proceedings of aforesaid case crime number is refused.
In result, the application under Section 482 Cr.P.C., is dismissed.
However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 21.1.2019 Jaswant