Court No. - 51
Case :- APPLICATION U/S 482 No. - 27405 of 2018
Applicant :- Ravi Shankar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1775 of 2018 (Ravi Shnkar and another Vs. State of U.P.) arising out of case crime no. 686 of 2017, under Sections- 436, 323, 504, 506 IPC, P.S.- Cholapur,, District Varanasi pending before the concerned courts below.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 60 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, on its own merits in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 60 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 23.8.2018 SKG