Court No. - 45
Case :- APPLICATION U/S 482 No. - 7047 of 2018 Applicant :- Vijay Bahadur Yadav And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This application under section 482 Cr.P.C has been filed with a prayer to quash the charge sheet dated 28.3.2015 and cognizance order dated 17.11.2015 passed by the court below and also the entire criminal proceedings of case no. 3048 of 2015, State Vs. Vijay Bahadur and others,crime no. 86 of 2015, under sections 147, 323, 452, 308, 504, 506 I.P.C. P.S. Gola District Gorakhpur.
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 purposes of harassment. In support of his contention he relied upon certain documents and the statements of the complainant as well as the witnesses.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that, prima facie, no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. The disputed questions of fact cannot be considered at this stage.
The prayer for quashing the criminal proceedings is hereby refused.
This application under section 482 Cr.P.C. is accordingly dismissed.
However, it is directed that in case 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 by the Court below in accordance with law.
For a period of 30 days from today or till the date of surrender, whichever is earlier, no coercive action shall be against the applicants.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.3.2018 MLK