Court No. - 68
Case :- APPLICATION U/S 482 No. - 22061 of 2019 Applicant :- Lal Chandra And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Prakash Srivastava 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 U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No. 541 of 2016 (Puddan Vs. Lal Chand and others) under Sections 147, 435 IPC, Police Station Bakhira, District Sant Kabir Nagar pending in the court of Judicial Magistrate, Sant Kabir Nagar.
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.
Learned A.G.A., contended that there is no illegality in the impugned order.
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.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, it is directed that in case the applicants file their bail application, 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 above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 31.5.2019 Jaswant