Court No. - 73
Case :- APPLICATION U/S 482 No. - 16209 of 2019
Applicant :- Sushil Chaudhary And 2 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Samarth Krishna,Sandeep Saxena
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 5947 of 2018 (State Vs. Sushil Chaudhary and others) arising out of case crime no. 0985 of 2018 under Sections- 420, 406 of IPC, P.S.- Civil Lines, District Rampur pending before the concerned courts below.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
From perusal of the record, it appears that, prima facie, a cognizable offence is made out against the accused-applicant. The contention raised by the learned counsel for the applicant requires appreciation of evidence and adjudication of questions of fact, which is not permissible under 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, after hearing learned counsel for the applicants and learned A.G.A. for the State, this application is finally disposed off with a direction that if the applicants appear and surrender before the court below within 60 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously 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 in the court, 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 and if the applicants-accused move application for discharge, the same shall be decided in accordance with law.
Order Date :- 25.4.2019 Mohit Kushwaha