Application to quash charge sheet and proceedings was disposed of by directing hearing of bail application if filed within thirty days.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 14287 of 2018
Applicant :- Ravi And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamlesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,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 charge sheet dated 29.6.2017 as well as the entire proceedings of Special Trial No.2138 of 2017 (State Vs. Ravi Gupta), arising out of Case Crime No.135 of 2017, under Sections 354-A, 504, 506 IPC and Section 7/8 The Protection of Children From Sexual Offences Act and Section 3(1) (b) SC/ST Act, P.S. Bansgaon, District Gorakhpur, pending in the court of Additional Sessions Judge, Court no. 9, Gorakhpur.
The contention of learned counsel for the applicant 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.
Per contra, learned AGA submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein the impugned proceeding is not liable to be quashed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the public prosecutor.
With the above directions, this application is disposed of finally.
Order Date :- 23.7.2018 Meenu
1 issue framed by the court
Whether the charge sheet and proceedings under Sections 354-A, 504, 506 IPC and POCSO Act may be quashed.
Ravi And 2 Others
Saumitra Dayal Singh
As recorded by the court registry
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