Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the criminal complaint case no.2769 of 2012 under section 498A, 323, IPC and 3/4 D.P. Act PS.Anwerganj, District Kanpur Nagar and further prayer is to stay the proceeding of aforesaid case.
Learned counsel for the applicant submitted that even earlier the complaint was lodged. Now on the same allegation the present complaint has been filed. The petition under section 482 Cr.P.C. No.34806/13 filed was disposed off on 3.10.2013 with the observation and direction for moving discharge application. The discharge application has been rejected, hence the present complaint being malicious is liable to be quashed.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties. Since it requires appreciation of evidence, hence at this initial stage, no interference is required.
However, in view of the aforesaid facts, if the applicants appear before the courts below within four weeks and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437. If due to any reason the bail application could not be disposed off same day, the applicants may be released on interim bail till disposal of the bail application.
With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.
Order Date :- 27.2.2014 Rk