Court No. - 64
Case :- APPLICATION U/S 482 No. - 16922 of 2019 Applicant :- Mohd.Aslam Khan And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the criminal proceedings in complaint case no. 91 of 2013 as well as the order dated 6.9.2018 passed by the Additional Sessions Judge( Fast Track) Mainpuri in Criminal Revision no. 60.2015( Iklam Versus Afshana) arising out of summoning order dated 15.9.2009 as well as order dated 25.2.2015 under section 498-A,506 I.P.C. and section 3/4 of D.P. Act pending in the court of A.C.J.M. I, District Mainpuri.
Considering various aspect of this case particularly the fact brought by way of the complaint and referring the statement of the complainant and her witnesses, obviously, it cannot be said that the process drawn is erroneous or perverse for the reason contained in the complaint and the complaint is supported by the statement of O.P. No. 2 and her witnesses.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of by the court below, expeditiously, if convenient, on the same day.
However, it is clarified that applicant nos. 5 and 6 being lady, their cases shall be considered sympathetically under section 437 Cr.P.C.
For a period of three weeks from today, no coercive action shall be taken against the applicants.
It is further made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.4.2019/N.A.