Court No. - 49
Case :- APPLICATION U/S 482 No. - 29266 of 2018 Applicant :- Mohammad Nabi And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Thakur Prasad Dubey,Pavan Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.03.2018 as well as the entire proceedings of Case No. 3733 of 2018 (State Vs. Mohammad Uvaid and others), arising out of Case Crime No. 1057 of 2017, under Sections- 323, 504, 324, 325, 308 I.P.C., Police Station- Izzatnagar, District- Bareilly, pending in the court of C.J.M., Bareilly.
The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants, it is directed that in case the applicants appear before the court concerned within thirty days from today and apply 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 Prakhar