Court No. - 82
Case :- APPLICATION U/S 482 No. - 28847 of 2019 Applicant :- Rajdev Yadav And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shiv Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Shiv Shanker Yadav, learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed under section 482 Cr.PC with prayer to quash the entire criminal proceedings in pursuance of charge-sheet dated 09.01.2008 in Criminal Case No. 1835 of 2008 (State Vs. Rajdev Yadav and others) arising out of Case Crime No. 2273 of 2007, under Section 147, 427, 506 I.P.C., P.S. Kotwali, District Deoria, pending in the court of learned C.J.M., Deoria.
The submission of the learned counsel for the applicants is that in respect of land civil suits were pending between the parties and those civil suits resulted in favour of the applicants. In respect of the same disputed land, the opposite party no. 2 lodged FIR and after investigation by police a charge-sheet was submitted for the offence under section 147, 427 and 506 IPC against the applicants. The submission of the learned counsel is that because matter relates with the same civil dispute, therefore, he may be given an opportunity to move a discharge application before the trial court and the trial court may accordingly be directed to dispose of the same in accordance with law.
It appears that the charge-sheet was submitted by the police in the year 2008 and since then from perusal of the certified copy of the order-sheet submitted by the applicants, the proceedings have been started in the year 2016 and NBW was issued by the learned court below.
Considering the facts and circumstances of the case the prayer for quashing the charge-sheet and entire criminal proceedings has got no force and the same is refused.
The application filed under section 482 Cr.P.C. is disposed of with the direction to the court below that if within 30 days from today, applicants file discharge application personally or through their counsel, the same shall be disposed of expeditiously in accordance with law after giving opportunity of hearing to both the parties.
No coercive measures shall be taken for a period of 30 days against applicants.
Order Date :- 25.7.2019 Bhanu