Court No. - 72
Case :- APPLICATION U/S 482 No. - 21898 of 2019 Applicant :- Subey Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijay Pratap Singh, learned counsel for the applicant 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 10.01.2018, summoning order dated 06.03.2018 as well as the entire proceedings of Case No. 1135/9 of 2018 (State Vs. Subey Singh & Ors.), arising out of Case Crime No. 1395 of 2017, under Sections- 376, 511, 392, 323, 506 I.P.C., Police Station- Nai Mandi, District- Muzaffar Nagar, pending in the court of A.C.J.M., Court No.1, Muzaffar Nagar.
3. Learned counsel for the applicant submits that the applicant is 74 years old senior citizen and that he has been falsely implicated by his daughter-in-law who has matrimonial discord with the son of present applicant. As to the fact allegation, it has been submitted, neither there is any injury report nor there is any medical report as the opposite party no.2 had declined to get herself medically examined. Even otherwise, it is stated that, there are no independent witness and it is a case of pure malicious prosecution. However, it is on record that the applicant has already been enlarged on bail.
4. In view of the above, no interference is warranted, at this stage inasmuch as the arguments that have been advanced by learned counsel for the applicant if true would require findings of fact to be recorded.
5. Accordingly, the present application is disposed of with the observation that in case, charges have yet not been framed against the applicant and the applicant files an application seeking discharge before the learned court below, his application may be dealt with and decided strictly in accordance with law in a time bound manner.
Order Date :- 31.5.2019 Abhilash