Case :- APPLICATION U/S 482 No. - 11124 of 2021 Applicant :- Shailesh Singh @ Rajan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swatantra Kumar Rai,Ram Pravesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings as well as impugned charge sheet dated 4.7.2004 & charge sheet dated 16.4.2005 as well as cognizance order dated 21.12.2006 along with N.B.W. order dated 30.12.2021 in Crl. Case No. 2134 of 2014 (Old No. 3636 of 2006), arising out of case crime no. 452 of 2004, under Sections 504, 506, 336, 427 IPC, P.S. Mehdawal, district Basti, pending in the court of Civil Judge (S.D.)/A.C.J.M., Sant Kabir Nagar.
The contention of 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of.
A.P. Pandey