Court No. - 49
Case :- APPLICATION U/S 482 No. - 38270 of 2018 Applicant :- Munshi Lal And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kalp Nath Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Sri Kalp Nath, learned counsel for the applicants and learned AGA for the State.
The contention of the learned counsel for the applicants is that the dispute between the applicants and the opposite party no. 2 is actually civil in nature and the FIR has been lodged only to harass and blackmail the applicants.
The learned counsel for the applicants has referred to a suit filed in court below for declaration of ownership. Several civil and criminal disputes are pending between the parties and it is contended that the instant case has been lodged only as a result of malafide intention.
However, the learned AGA has pointed out the statements made by independent witnesses that are enclosed at page 168 and 170 of the affidavit to demonstrate that the offence had taken place and the case is fit for trial.
A perusal of the FIR reveals that prime facie an offence has been made out. At this stage, in view of the objections of the AGA and on considerations of the material on record, we are not inclined to interfere in the matter.
This application is, accordingly, rejected.
However, it is provided that in case the applicants file bail application before the court below the same shall be considered expeditiously in accordance with law.
For a period of 45 days from today or till disposal of the bail application, whichever is earlier, no coercive steps shall be taken against the applicants.
Order Date :- 27.10.2018 sweta
(Jayant Banerji, J.)