Court No. - 15
Case :- APPLICATION U/S 482 No. - 19946 of 2016 Applicant :- Saurabh Keshari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Budhwar,Sr. Advocate Counsel for Opposite Party :- G.A.,Raj Kumari Tiwari,Ram Mani Upadhyay,Vikrant Pandey,Vivek Tiwari
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 has been filed to quash the charge- sheet dated 11.12.2014 in Case Crime No. 1646 of 2015 arising out of Case No. 438 of 2014 under Sections 498A, 323, 504 & 506 I.P.C. and Section 3 & 4 Dowry Prohibition Act, Police Station- Dhoomanganj, District Allahabad.
Learned counsel for the applicant contended that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.
Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.
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. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
In view of above, the prayer for quashing the proceeding in the aforesaid case, is hereby refused.
All the materials relevant for disposal of bail application is available on record before trial court.
However, if applicant appears and applies for bail, then his bail application shall be decided on the same day on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against applicant Saurabh Keshari.
In view of above directions, application u/s 482 Cr.P.C. is disposed of. Order Date :- 29.11.2018 VG..