Court No. - 32
Case :- APPLICATION U/S 482 No. - 6362 of 2018 Applicant :- Shiv Ram And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
This application under section 482 Cr.P.C.has been filed with the prayer to quash the entire proceedings of Case No.562 of 2017 ( State vs. Shiv Ram and another) arising out of Case Case Crime No.387 of 2014, under sections 323, 504, 308 I.P.C. PS. PS. Tirwa, District Kannauj. Further prayer is to direct the respondents to stay the proceedings of the aforesaid case.
Learned counsel for the applicant submitted that on the basis of false allegation, impugned F.I.R. has been lodged against the applicant. Hence, the impugned F.I.R. being malicious, is liable to be quashed. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. In view of the allegation, the matter requires investigation and at this stage, no finding can be recorded whether applicants were involved in the said incident or not. Hence, it is not a fit case for interference.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicant appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off as expeditiously as possible, in accordance with law.
Accordingly, present application under section 482 Cr.P.C. is hereby disposed off.
Order Date :- 28.2.2018 Rk