Court No. - 15
Case :- APPLICATION U/S 482 No. - 37051 of 2016 Applicant :- Pawan Kumar @ Pooran Kumar And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Om Shankar Mishra,Ajay Kumar 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. Perused the record.
This application under Section 482 Cr.P.C., has been preferred to quash the charge-sheet dated 12.3.2014 filed in Case Crime No. 150 of 2012 under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Kanpur 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.
Lastly, learned counsel for the applicants contended that the applicant No. 1 (Pawan Kumar @ Pooran Kumar) who is husband is already on bail.
Learned A.G.A. contended that there is no illegality in passing impugned order by the trial court.
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 filed in the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. Police has submitted charge sheet. 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 Smt. Sakeena and another Vs. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, prayer for their bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
However, it is provided that in case, the applicants claim discharge under Section 239 Cr.P.C., before the trial court, the same shall be considered and disposed of expeditiously by a speaking order.
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 :- 28.11.2018 Jaswant