Court No. - 73
Case :- APPLICATION U/S 482 No. - 25385 of 2019 Applicant :- Wali Hasan 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Mohd. Khalid Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 976 of 2012 (new case no.1559 of 2017) under Sections 323, 354, 452, 504, 506 IPC, Police Station Fatehganj Paschim, District - Bareilly pending in the Court of Addl. Chief Judicial Magistrate, Court No.6, Bareilly as well as order dated 30.4.2019 passed by the court concerned. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
Vide order dated 30.4.2019, discharge application moved by the applicants was rejected after analyzing the evidence collected under section 244 Cr.P.C. with the observation that a prima facie case is made out to frame the charge against the applicants.
All the facts / pleas raised through discharge application can be decided during trial. If the observations recorded by the trial court in the impugned order are taken into consideration, no good ground is made out to exercise the extra ordinary jurisdiction. No illegality, infirmity or perversity is found in the impugned order. Applicants have opportunity to lead evidence in their defence at appropriate stage.
Application is dismissed.
Order Date :- 30.7.2019 ss