Court No. - 15
Case :- APPLICATION U/S 482 No. - 43140 of 2018 Applicant :- Manoj Kumar Patel And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Arvind Singh,Roopesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Learned counsel for the applicants is permitted to correct the prayer clause during the course of the day.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the chargesheet No. 1 of 2018 dated 20.6.2018 as well as cognizance order dated 12.9.2018 in Sessions Trial No. 46 of 2018 (State Vs. Manoj Kumar Patel and others) arising out of Case Crime No. 301 of 2018 under Sections 323, 504, 506 IPC and Section 3 (2) (va) of SC/ST Act, Police Station Robertsganj, District Sonebhadra.
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. Lastly, the contended that the applicants have not been arrested by the police during investigation.
Learned A.G.A., contended that there is no illegality in filing of the chargesheet.
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 chargesheet of the aforesaid case is refused.
However, none of the aforesaid offences 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 others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today, no coercive action shall be taken against applicants. With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 30.11.2018 Jaswant