Court No. - 49
Case :- APPLICATION U/S 482 No. - 28512 of 2018 Applicant :- Ram Kishore Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application u/s 482 Cr.P.C. has been filed to quash the impugned charge-sheet dated 20.3.2018 along with cognizance order dated 4.5.2018 as well as entire proceeding in Case No. 541 of 2018 (State Vs. Ram Kishore Shukla), arising out of Case Crime No. 22 of 2018, under sections 376, 328, 506 I.P.C., Police Station Mahewa Ghat, District Kaushambi, pending in the court of A.C.J.M., Kaushambi.
Learned counsel for the applicant submits that applicant is already on bail. It is then stated that the allegations against the applicant are wholly false and concocted.
Shri Vikas Goswami, learned AGA on the other hand points out from the specific allegations made against the applicant which are factual in nature and require appraisal of evidence that may not be done at this stage.
In view of the above, since the applicant has been enlarged on bail and also the factual disputes that exists, no further interference is warranted, at this stage.
The application is accordingly dismissed, however, it is left open to the applicant to file for discharge at an appropriate stage, and it is expected that application for discharge may be heard and decided strictly in accordance in law, on the basis of charge-sheet material.
Order Date :- 21.8.2018 Prakhar