Court No. - 73
Case :- APPLICATION U/S 482 No. - 3698 of 2019 Applicant :- Subhsh Jain And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the orders dated 21.12.2018 & 22.12.2018 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Saharanpur in Complaint Case No.2641 of 2015 (Gaurav Tomer Vs. Sachin Jain), under Sections- 323, 504, 506, 452 IPC, P.S. Kotwali Dehat, District Saharanpur.
The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
At this stage, learned counsel for the applicants submits that applicants are ready to surrender before the court concerned and prayed that some protection may be provided to the applicants.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 29.1.2019/Junaid