Application filed to quash charge sheet and proceedings. Mediation failed. Court directed bail hearing within 30 days and imposed a stay on coercive measures.
Bail hearing to be conducted within 30 days; no coercive measures to be taken against applicants for 30 days.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 11721 of 2018
Applicant :- Shyam Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.,Ashirvad Pandey
Hon'ble Rajiv Joshi,J.
Heard Sri Anil Kumar Srivastava, learned Senior Advocate assisted by Sri Gaurav Singh, learned counsel appearing on behalf of the applicants, Sri Ashirvad Pandey, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.12.2017 as well as the entire proceedings of Case No. 1890 of 2018 (State Vs. Shyam Kumar and others), under Sections- 498-A, 323, 504, 406 I.P.C. and 3/4 D.P. Act, Police Station- Chakeri, District- Kanpur Nagar.
Vide order dated 10.4.2018, this Court referred the matter to the Mediation Centre, High Court, Allahabad. Pursuant to the order of this Court, parties appeared before the mediator and ultimately the mediation was failed.
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 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 :- 3.7.2019 Noman
1 issue framed by the court
Whether the proceedings under Sections 498-A, 323, 504, 406 I.P.C. and 3/4 D.P. Act should be quashed or bail should be granted.
Shyam Kumar and 2 Others
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
