Court No. - 53
Case :- APPLICATION U/S 482 No. - 2148 of 2019 Applicant :- Rajiv And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lavesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the impugned order dated 13.11.2018 issuing bailable warrant against the applicant in connection with charge sheet no. 116 of 2017 in Case Crime No. 211 of 2017 under Sections- 323, 504, 506 I.P.C. & Section 3(1)R SC/ST Act, Police Station- Acchnera- District- Agra.
It is contended by learned counsel for the applicants 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 sheer abuse of the process of the court.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicants and submitted that material on record is sufficient for justifying initiation of entire proceedings and passing of the impugned cognizance order by the court below.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage 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 in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the impugned order dated 13.11.2018 is refused.
However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. The 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 the case of 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 and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his/her dependent as per the mandate of Section 15A(5) of the Act, 1989.
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 disposed of.
Order Date :- 21.1.2019 Rohit