Hanif And 3 Others vs State Of U.P.
2013 Latest Caselaw 3262 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- APPLICATION U/S 482 No. - 19508 of 2013
 

 
Applicant :- Hanif And 3 Others
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Piyush Debey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing proceeding of Case Crime No. 119 of 2013, under Sections 323, 504, 506, 452, 307 I.P.C., P.S. Achnera, District Agraand further prayer is to stay the proceeding of aforesaid case crime.

Learned counsel for the applicants submitted that due to civil dispute between the parties, there is no injury cases on the basis of false allegation the F.I.R. was lodged.

Learned A.G.A. opposed aforesaid prayer.

Considered the submission of counsel for the parties. In view of the fact, since, prima facie, commission of offence is disclosed, hence, at this initial stage, applicants are not entitled for such relief.

However, in view of the aforesaid facts, if the applicants appear before the courts below within four weeks from today and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of the principles laid down by Full Bench  of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437.

With these observations, the present application under Section 482 Cr.P.C. is hereby  finally disposed off.

Order Date :- 5.6.2013

M/A.