In an application to quash charges under Sections 376D and 313 IPC alleging false implication in a financial dispute, the court directed bail to be heard within 30 days and no coercive measures to be taken during this period before disposing the application.
No coercive measures for 30 days; bail to be heard expeditiously.
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Court No. - 49 Case :- APPLICATION U/S 482 No. - 41414 of 2018 Applicant :- Pramod Kumar And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Surendra Bahadur Singh,Ram Badan Maurya 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 charge sheet dated 26.06.2018 as well as the entire proceedings of Case No. 4043 of 2018, arising out of Case Crime No. 136 of 2018, under Sections- 376D and 313 I.P.C., Police StationDannahar, District- Mainpuri, pending in the court of Civil Judge (Senior Division) F.T.C./ A.C.J.M., Mainpuri.
The contention of learned counsel for the applicants is that the matter pertains to financial dispute and the applicants have been falsely implicated under sections 376D and 313 I.P.C. He further submits 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 30 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.
For a period of 30 days, no coercive measure shall be taken against the applicants in the aforesaid case.
With the above directions, this application is disposed of finally.
Order Date :- 13.12.2018 Arvind
Pramod Kumar
State Of Up
Neeraj Tiwari
As recorded by the court registry
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