Court No. - 49
Case :- APPLICATION U/S 482 No. - 42476 of 2018 Applicant :- Manish Yadav And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Kamlesh Kumar Yadav, learned counsel for the applicants and Sri Sanjay Sharma, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash impugned charge-sheet no.A-56/2018 dated 2.7.2018 in Case Crime No.0066 of 2018, under Sections 147, 148, 452, 323, 427, 425 I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Sadiyabad, District Ghazipur and cognizance order dated 13.8.2018, which was taken by learned A.C.J.M., Ghazipur.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the said case and all the applicants have given general role of beating the family members of the opposite party no.2. He also submits that the applicants are student and only to damage the academic life of the applicants, the charge-sheet has been submitted in the political pressure.
Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicants and there is no ground for quashing the charge-sheet dated 2.7.2018.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash the order dated 2.7.2018 and the prayer is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 30 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 30.11.2018 Vivek Kr.