Court No. - 38
Case :- APPLICATION U/S 482 No. - 22253 of 2019 Applicant :- Rajeev Tomar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 378/2016, under Sections 498-A, 302/34 I.P.C. and 3/4 D.P. Act, Police Station- Hafijpur, District -Hapur as well as summoning order dated 27.03.2019 passed by Chief Judicial Magistrate, Hapur.
The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants, it is directed that in case the applicants appear before the court concerned within 30 days from today and apply 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 applicants in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 6.6.2019 Sartaj