Court No. - 49
Case :- APPLICATION U/S 482 No. - 25677 of 2018 Applicant :- Lalji And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devi Prasad Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.1.2015 as well as further proceeding of Case No. 974 of 2018 (State Vs. Ram Kripal and others), arising out of Case Crime No.
281 of 2014, under Sections 308, 323, 504, 506 IPC, Police Station Bahariya, District Allahabad, pending in the court of Judicial Magistrate IInd, District Allahabad.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
With the above directions, this application is disposed of finally.
Order Date :- 31.7.2018 Mini