Court No. - 49
Case :- APPLICATION U/S 482 No. - 29257 of 2018 Applicant :- Lucky Chaubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhay Raj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 25.5.2016, first information report dated 16.8.2015 and cognizance order dated 25.5.2018 as well as further proceeding of Case No. 1069 of 2018 (State Vs. Rohit Verma and others), arising out of as Case Crime No. 0413 of 2015, under Sections 147, 148, 308, 427 and 323 IPC and 7 Criminal Law Amendment Act, Police Station Ssaurikh, District Kannauj, pending in the court of learned Chief Judicial Magistrate, Kannauj.
The contention of learned counsel for the applicant is that no offence against the applicant 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 applicant, it is directed that in case the applicant appears 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.
For a period of 30 days from today, no coercive measure shall be taken against the applicants in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 24.8.2018 Mini