Court No. - 47
Case :- APPLICATION U/S 482 No. - 38582 of 2018 Applicant :- Santosh Yadav @Khetal And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sunil Kumar Singh,Hari Shanker Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants 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 in Case No. 2585/2018 (State Vs. Santosh Yadav @ Khetal and others), Case Crime No. 152/2018, under Sections 323, 504, 506 and 325 I.P.C., Police Station- Gopiganj, District Bhadohi.
Learned counsel for the applicants contended that no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicants are false and fabricated.
Learned A.G.A. contended that there is no illegality in the 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 applicants. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the charge sheet in the aforesaid case is refused.
It is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously.
For a period of 45 days from today, no coercive action shall be taken against the applicants in the present case.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.10.2018 Sharad/-