Court No. - 53
Case :- APPLICATION U/S 482 No. - 14731 of 2018 Applicant :- Mujeem Ahmad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mohammad Khalid, learned counsel for the applicants and Sri Shyamdhar Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing for the State.
This application has been filed challenging an order dated 02.04.2018 under Section 216 Cr.P.C. passed against the applicants framing additional framing the charges under Section 304B IPC, in addition to the charge under Section 498A and 3/4 Dowry Prohibition Act.
The submission of the learned counsel for the applicant is that no prima facie case against the applicants is made out in in the aforesaid case. It is argued that there is no material in the case diary to support the prosecution and no prima facie case is made out.
Looking to the aforesaid facts and circumstances, it cannot be said there is no material in the case diary. There is no prima facie case entitling the applicants to seek quashing of the order dated 02.04.2018. Accordingly, the prayer to quash the said order is rejected.
However, in case, applicants appear and surrender before the court below and applies for bail, their prayer for bail shall be considered and decided expeditiously in view of the directions of the Hon'ble Supreme Court in Hussain and others vs. Union of India, AIR 2017 SC 1362.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.4.2018 Deepak