Court No. - 32
Case :- APPLICATION U/S 482 No. - 6468 of 2018 Applicant :- Kallu And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet, in case crime no. 308 of 2017, u/s 147, 323, 504 IPC and 3(1)(5) S.C./S.T.Act, P.S. Baragaon, District Varanasi.
Learned counsel for the applicants contended that there was a dispute regarding the lease and demarcation of the land, as per rules. After demarcation, the dispute was raised after four months just to harass the applicants. In fact, no such incident took place.
Learned A.G.A. opposed the aforesaid prayer Considered the submission of the learned counsel for the parties. In view of the allegation, at this stage, it cannot be said that no offence is made out. The version of the defence has to be examined at appropriate stage, on the basis of evidence adduced by the parties, in accordance with law. Hence, no interference is required u/s 482 Cr.P.C. However, the court concerned is expected to scrutinize the material very carefully so any innocent person is not harassed, prosecuted and held guilty.
However, without expressing any opinion on merit, in view of the facts, if the applicants appear before the court concerned within three weeks from today and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then applicants may be released on interim bail till disposal of the bail application.
With aforesaid observations, the present application is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava