Court No. - 15
Case :- APPLICATION U/S 482 No. - 43088 of 2018 Applicant :- Surendra @ Dipty Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the chargesheet dated 30.12.2017 in Case Crime No. 893 of 2017 (P.S.T. No. 4 of 2018) under Sections 354 (Kha), 354 (ga), 323, 506 IPC and Section 8 The Protection of Children from Sexual Offence Act, 2012 and Section 3 (1) (i) (B) SC/ST Act, Police Station Jalesar, District Etah.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in filing of the chargesheet.
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 applicant.
In view of the above, the prayer for quashing the chargesheet of the aforesaid case is refused.
However, none of the aforesaid offences against applicant 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.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicant files his bail application and also pray for interim bail, his 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 applicant. With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 30.11.2018 Jaswant