Court No. - 49
Case :- APPLICATION U/S 482 No. - 28529 of 2018 Applicant :- Rameshwar Dayal Gangwar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajneesh Kumar Srivastava,Smt. Priyanka Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,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 order dated 28.7.2018 as well as the entire proceedings of Case No. 98 of 2018 (State Vs. Vinod Katiyar and Others), arising out of Case Crime No. 996 of 2017, under Sections- 376-D, 328, 506 I.P.C., Police Station- Baradari, District- Bareilly, pending in the court of Additional Chief Judicial Magistrate- Ist, Bareilly.
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 applicant in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 18.8.2018 Gaurav Pal