Court No. - 12
Case :- APPLICATION U/S 482 No. - 42322 of 2018 Applicant :- Sushila And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar 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 entire proceedings as well as Non-Bailable Warrants order dated 17.10.2018 in Criminal Case No. 3243 of 2016 (State Vs. Ram Chandra and others) arising out of Case Crime No. 233 of 2013, under Sections 147, 148, 341, 332, 336, 353, 427, 186 I.P.C. and 7 Criminal Law Amendment Act, Police Station Sahawar, District Kasganj, pending in the court of Judicial Magistrate, Kasganj, District Kasganj.
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.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if 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 Supreme 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 warrants dated 17.10.2018 issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 28.11.2018 Rmk.