Court No. - 15
Case :- APPLICATION U/S 482 No. - 40432 of 2016 Applicant :- Shiv Ram Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar 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 applicants with the prayer to quash entire proceeding of the of Criminal Case No. 6591 of 2016, (State vs. Shiv Ram and others) under Section 147, 148, 452, 323, 504, 506 IPC and 3(i)(x) S.C./ S.T. Act, arising out of case crime No. 413 of 2016, P.S. Saurikh, District. Kannauj, pending in the Cour of Chief Judicial Magistrate, Kannauj.
Learned counsel for the applicants contended that civil suit is pending between the parties and wherein injunction order has been passed in favour of the applicants. Applicant No.4 Smt. Veena Kumari had filed complaint case against opposite party No. 2 Smt. Jhunjha Devi including all family members. In counter blast and due to enmity, the present First Information Report has been lodged by Smt Jhunjha Devi, with malicious allegation to harass the applicants.
Learned counsel for opposite party No. 2 and learned AGA has contended that the charge- sheet has been submitted by the police.
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.
In view of the above, the prayer for quashing the charge-sheet in the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. Police has submitted charge sheet. All the materials relevant for disposal of bail application is available on record before trial court/ court concerned.
Accordingly, in view of order passed by this Court Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and another vs. State of U.P. and another), reported in 2018(2) ACR 2190, it is directed that in case the applicants file their bail applications and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A(5) S.C./S.T. Act.
For a period of 60 days from today, no coercive action shall be taken against applicants. With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 29.11.2018 C. MANI