Court No. - 15
Case :- APPLICATION U/S 482 No. - 18868 of 2018 Applicant :- Umesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Applicants have filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of Case No. 841 of 2018 (State of U.P. vs. Umesh and another), arising out of case crime no. 24 of 2018, under section 323, 504, 506 I.P.C. and 3(1)(10) SC/ST Act, P.S. Rabupura, District Gautam Budh Nagar, pending in the court of A.C.J.M., Gautambudh Nagar.
Learned counsel for applicants submits that proceedings initiated against applicants are based on false and frivolous allegations. Cognizance has been taken on insufficient evidence, the evidences collected during investigation are not cogent nor they make out any prima facie case.
I have gone through facts averred in F.I.R. and evidence collected during investigation, and on account of that a prima facie case is made out. The court does not see any illegality in the order taking cognizance against applicants for the offences they have been summoned to face trial.
In the result, proceedings of the case impugned in present application are not liable to be quashed.
Accordingly, applicant is dismissed.
However, having regard to the facts and circumstances of the case, it is ordered that if applicants appear before the court below within three weeks from today and applies for bail, the court below shall decide the same expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported in 2005 CRI. L.J. 755 till then no coercive measures shall be taken against them.
Order Date :- 31.5.2018 /Bhanu