Court No. - 53
Case :- APPLICATION U/S 482 No. - 2160 of 2019 Applicant :- Laalu Alias Lallu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceeding and N.B.W. dated 18.12.2017, Case Crime No. 256 of 2013 in Case No. 1008 of 2014 (State vs. Laalu Alias Lallu and others), under Sections- 323, 325, 504, 506 I.P.C. and 3(1)(X) SC/ST Act of Police Station- Shikohabad, District- Firozabad pending in the court of Additional Chief Judicial Magistrate-II, Firozabad.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide, as such, the present proceedings are an abuse of the process of the court. He further contended that the applicants have not been arrested by the police during investigation.
Per contra, learned A.G.A. has opposed the prayer so made and contention thereof raised by learned counsel for the applicants and submitted that material on record is sufficient for justifying initiation of proceedings against the applicants.
From the perusal of first information report and material brought on record, and looking into the facts of the case, it cannot be said, at this stage, 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 in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the entire proceedings and N.B.W. in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, their prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 22.1.2019 Rohit