Court No. - 73
Case :- APPLICATION U/S 482 No. - 16337 of 2019 Applicant :- Sunil And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as charge-sheet no.1 of 2018 dated 05.01.2019 along with cognizance order dated 02.03.2019 in Case Crime No. 502/2018, under Sections- 452, 323, 504 and 506 of IPC, P.S.- Gandhi Park, District Aligarh pending in the court of Additional Sessions Judge, Court No.8, Aligarh.
It has been argued by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
From the perusal of the record, it appears that, prima facie, a cognizance offence is made out against the accused applicants. The points raised by the learned counsel for the applicant requires appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 60 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, on its own merits 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 60 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 25.4.2019 A. Tripathi