Court No. - 67
Case :- APPLICATION U/S 482 No. - 2314 of 2019 Applicant :- Rinku Gurjar And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants as well as learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge dated 10.10.201, 07.12.2017 as well as cognizance order dated 13.10.2017 and 12.12.2017 and entire proceedings of case no.392 of 2017(State VS. Rinku Gurjar and others) arising out of case crime no.319 of 2017 under Sections 147, 148, 387, 307, 323, 504 and 506 IPC and Section 3(2)(5) of SC/ST Act, Police Station-Sipri Bazar, District-Jhansi pending in the court of learned Special Judge, SC/ST Act, Jhansi.
The submission made by learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. It is next submitted that applicants have already been bailed out. Certain anomalies were shown by the learned counsel for the applicants.
The prayer for quashing the chargesheet, cognizance order as well as the proceedings of the aforementioned case is refused.
However, it is provided that if the applicants move an application within fortnight for discharge raising all the objections which have been taken by them in this application, the same shall be decided by the court concerned within a period of one month by well reasoned and speaking order strictly in accordance with law.
With the above observations, this application is disposed of finally.
Order Date :- 21.1.2019 Sumit S