Court No. - 32
Case :- APPLICATION U/S 482 No. - 6334 of 2018 Applicant :- Mohd Alam And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceeding of Case Crime No.611 of 2017 under section 147, 148, 149, 307, 504, 506 I.P.C. PS.
Nakhasa, District Moradabad.
Learned counsel for the applicant submitted that firstly the First Information Report was lodged from side of the applicant. Thereafter in counter blast on the false and concocted story the impugned First Information Report has been lodged from the side of the complainant opposite party no.2 against the applicants though there was no reliable material, however, the charge sheet has been submitted, hence the impugned F.I.R. 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 and counsel for the complainant opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties.
In view of the fact, at this stage it cannot be said whether the prima facie commission is disclosed but it will be considered at the appropriate stage.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicants appear before the courts below within three weeks from today and apply for bail, it is expected that the same will be considered and disposed off as expeditiously as possible, in accordance with law.
Accordingly, present application under section 482 Cr.P.C. is hereby disposed off.
Order Date :- 28.2.2018 Rk