Court No. - 15
Case :- APPLICATION U/S 482 No. - 43189 of 2018 Applicant :- Pankaj And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Markanday Rai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A., for the State of U.P. Perused the record.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the chargesheet No. 2245 of 2017 dated 25.8.2017 as well as cognizance order dated 20.12.2017 arising out of Case Crime No. 1931 of 2017 (State Vs. Pankaj Kumar) under Sections 323, 504 IPC and Section 3 (1) (X) of SC/ST Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in filing of the chargesheet.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of the above, the prayer for quashing the chargesheet of the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today, no coercive action shall be taken against applicants. With the above directions, this application U/s 482 Cr.P.C., is disposed of Order Date :- 30.11.2018 Jaswant