Umesh Chandra @ Jauni and 2 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41093 of 2023 Applicant :- Umesh Chandra @ Jauni And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and the learned AGA appearing for the State.

¶2The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Case No.444 of 2022, arising out of Case Crime No.46 of 2022, under Sections 376, 323 IPC, Police Station Karahal, District Mainpuri.

¶3It is submitted by the learned counsel for the applicants that the F.I.R. was lodged on the basis of false facts and also on the basis of malice. .

¶4On the other hand, learned AGA has opposed the prayer.

¶5Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

¶6Hence, it is directed that in case the applicants move an application for bail within four weeks from today, the same shall be considered and decided in view of the settled law. For a period of four weeks from today, no coercive action shall be taken against the applicants.

¶7With the above observations, the application stands disposed of. Order Date :- 7.11.2023 Sanjeet High Court of Judicature at Allahabad