Court No. - 85
Case :- APPLICATION U/S 482 No. - 12394 of 2021 Applicant :- Ramvilas @ Sanoj And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Kumar Dubey,Swatantra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,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 praying for quashing the entire proceeding as well as impugned order dated 9.3.2021 passed by Special Judge (POCSO Act) /Addl. Sessions Judge Kannauj in S.S.T. No. 323 of 2021 (F.R. No. 223/2020) arising out of case crime no. 259 of 2019, under sections 147, 452, 376, 504, 323, 506 IPC and section 3/4 POCSO Act and Section 3(2)V of SC/ST Act, P.S. Thathiya, District Kannauj.
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.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts, circumstances of the case and also the the fact that except the applicant no. 1 all the applicants have been released on bail, as have been brought on record, it is directed that if the applicant No. 1 appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 29.10.2021 RPD