Court No. - 38
Case :- APPLICATION U/S 482 No. - 16417 of 2019 Applicant :- Ranvir Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application, the applicants have filed this application with a prayer to quash the entire proceeding of case crime No.0497 of 2017 (State of U.P. vs Ranvir Singha and others),under sections 452 ,323 and 506 I.P.C, P.S. Farah, District Mathura arising out of impugned charge sheet dated 29.10.2017.
Heard Sri Kuldeep Singh Chahar, learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He has further submitted that the husband of opposite party No.2 and applicant No.2 are real brother. The dispute regarding partition of agricultural land is pending before the Consolidation Authority and in order to create the pressure on that consolidation proceeding a false case has been lodged.
Learned A.G.A has vehemently opposed the prayer for bail and submitted that merit or demerit of the case and truthfulness/falsehood of the material on record cannot be adjudicated. At this stage it will decided by the appropriate trial court.
In this case the F.I.R was lodged by the opposite party No.2 on 14.9.2017 withe the allegation that she was alone in her house and all the accused persons entered in her house carrying with lathi, danda and iron rod and beaten her and try to commit rape. After investigation a charge sheet under sections 452, 323, 506 I.P.C has been filed.
In view of the submission made by the learned counsel for the applicants, the quashing of the entire proceeding of case crime No.0497 of 2017 (State of U.P. vs Ranvir Singha and others) is refused.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, if possible, on the same day,in accordance with law.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 G.S