Court No. - 47
Case :- APPLICATION U/S 482 No. - 38597 of 2018 Applicant :- Ramjeet Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge-sheet dated 08.03.2018 and cognizance order dated 30.06.2018 in Criminal Case No. 1626/2018, Case Crime No. 0032/2018, under Sections 504, 452 and 325 I.P.C., Police Station- Badalpur, District Jaunpur.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are an abuse of the process of the court. It is further contended that applicant was not arrested during investigation.
Learned A.G.A. contended that there is no illegality in passing impugned order by the trial court.
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 applicant. 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 Cr.P.C.
In view of the above, the prayer for quashing the cognizance order in the aforesaid case is refused.
None of the aforesaid offences against applicant is punishable with imprisonment for more than seven years.
In view of order passed by this Court on 23.01.2018 on Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State), it is directed that in case the applicant file his bail application, his 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 45 days from today, no coercive action shall be taken against applicant.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.10.2018 Sharad/-