Court No. - 49
Case :- APPLICATION U/S 482 No. - 29829 of 2018 Applicant :- Shesh Mani And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Devesh Pandey,Pravinendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.07.2015, NBW order dated 30.08.2017 as well as the entire proceedings of Case No. 2152 of 2015 (State Vs. Shesh Mani and others), arising out of Case Crime No. 133 of 2015, under Sections- 308, 323, 504 and 506 I.P.C., Police Station- Bahariya, District- Allahabad, pending in the court of Judicial Magistrate Fourth, Allahabad.
3. Learned counsel for the applicants submits that the present prosecution arises out of the family dispute between the parties and that there also exist cross-case lodged by the applicant no. 1. It is then submitted that there are no injuries as may constitute the ingredients of offence under Section 308 I.P.C.
4. Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
5. However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
6. For a period of 30 days from today, no coercive measure shall be taken against the applicants in the aforesaid case.
7. However, it is expected that the learned court below shall act mindful all the observations made above while considering the bail application.
8. With the above directions, this application is disposed of finally.
Order Date :- 5.9.2018 Prakhar