This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer the Complaint Case No.148 of 2014 under section 323, 504, 506, 392 I.P.C. PS.Khampur, District Deoriya and further prayer is to stay the proceeding of aforesaid case.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submitted that in counter blast on the false allegation the impugned complaint has been filed though no such incident took place.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties. The disputed question of facts will be examined by the court concerned on the basis of evidence adduced by the parties, hence at this initial stage, no interference is required. However, the court concerned where the proceeding is pending, is expected to scrutinise the material/evidence very carefully so innocent persons are not prosecuted, harassed and held guilty.
However, if discharge application is filed through counsel on behalf of the applicants within thirty days, it is expected that the court concerned will consider and decide the same expeditiously on merit by a speaking and reasoned order at appropriate stage, in accordance with law.
Till disposal of the discharge application on merit no coercive action shall be taken against the applicants.
If discharge application is rejected and 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. I With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.
Order Date :- 18.9.2014 Rk