Court No. - 12
Case :- APPLICATION U/S 482 No. - 42300 of 2018 Applicant :- Pushpendra Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 837 of 2018 (State Vs. Abhisekh and others), arising out of Case Crime No. 0494 of 2017, under Section- 307 I.P.C., Police Station- Bhojpur, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate Court No.3 Moradabad.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
For a period of 30 days, no coercive measure shall be taken against the applicant in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 28.11.2018 Junaid