Court No. - 15
Case :- APPLICATION U/S 482 No. - 4564 of 2017 Applicant :- Rajendra Mishra And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ruchi Mishra,Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of the applicants to argue the case.
Heard Sri Rajesh Kumar, learned counsel for opposite party no. 2 and learned A.G.A. for the State of U.P. and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings of Criminal Case No. 1558 of 2017 (State v. Rajendra Mishra and others) pending in the court of M.M. Ist, Kanpur Nagar, under Sections 147, 323, 452, 504 and 506 of the Indian Penal Code, 1860, arising out of Case Crime No. 158 of 2016, Police Station - Kohana, District - Kanpur Nagar as well as the charge sheet dated 03.11.2016 and the cognizance order dated 09.01.2017 passed by A.M.M., 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 and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record is sufficient justifying filing of charge sheet and so taking cognizance in the aforesaid case by the court below.
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.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 of the Code.
In view of the above, the prayer for quashing the charge sheet, cognizance order as well as the entire proceedings 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 the order passed by this Court in Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, their prayer for 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.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands finally disposed of.
Order Date :- 26.11.2018 I. Batabyal