Court No. - 32
Case :- APPLICATION U/S 482 No. - 6476 of 2018 Applicant :- Smt. Maya Devi And Anr Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to consider and dispose the bail application in Case Crime No.145/2017 under sections 364 I.P.C. PS. Behjoi, District Sambhal.
Learned counsel for the applicants submitted that on the basis of false allegation, impugned First Information Report was lodged against the applicants. Hence, the impugned First Information Report being malicious, is liable to be quashed. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed the aforesaid prayer. Considered the submissions of learned counsel for the parties. In view of the allegation, the matter requires investigation and at this stage, no finding can be recorded whether applicants were involved in the said incident or not. Hence, it is not a fit case for interference.
As far as expeditious disposal of the bail application is concerned, no such direction is required. The court concerned is expected to decide the bail application, expeditiously, in accordance with law.
With aforesaid observation, this application is finally disposed of.
Order Date :- 28.2.2018 Rk