Court No. - 47
Case :- APPLICATION U/S 482 No. - 38604 of 2018 Applicant :- Maqbool And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brij Kumar Yadav,Ajay Kumar Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicants and learned A.G.A. for State.
This application under Section 482 has been filed to quash the proceeding of Criminal Case No. 892/2018, Case Crime No. 196/2016 (State Vs. Maqbool and other), under Sections 498A, 323, 504 & 506 I.P.C. and Section 3 & 4 Dowry Prohibition Act, Police Station- Suriyawan, District Bhadohi.
Learned counsel for the applicants contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.
Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.
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. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
In view of above, the prayer for quashing the proceeding in the aforesaid case, is hereby refused.
However, if applicants appear and apply for bail, then their bail application shall be decided on the same day on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
Learned trial court is directed that if applicant no. 3 Kamarunisha and applicant no. 5 Rani submit application under Section 239 Cr.P.C. through counsel for discharge within thirty days, the same shall be decided within thirty days from the date of presentation of application by speaking order.
Till the disposal of discharge application, no coercive action shall be taken against applicant no. 3 Kamarunisha and applicant no. 5 Rani.
For a period of 45 days, no coercive action shall be taken against applicant no. 1 Maqbool, applicant no. 2 Jalaluddin @ Badkau and applicant no. 4 Kamaluddin.
In view of above directions, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 26.10.2018 Sharad/-