- Court
- High Court of Judicature at Allahabad
- Decided
- 21 November 2023
- Case no.
- A482 42644/2023
Judgment
Court No. - 91 Case :- APPLICATION U/S 482 No. - 42644 of 2023 Applicant :- Omkar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
¶1Heard Sri Onkar Nath, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings arising out of Charge Sheet No.20 of 2011 dated 20.02.2011 submitted in Case Crime No. 557 of 2010 under Sections 363, 366, 376 I.P.C. Police Station Mohamdabad District Farrukhabad and also quash the cognizance order dated 17.03.2011 passed by the C.J.M. Farrukhabad and also quash the NBW order dated 10.10.2023 passed by the A.C.J.M. Farrukhabad in Case No.5108 of 2022 (State Vs. Sudhir and others) pending before the A.C.J.M. Farrukhabad.
¶3It is submitted by the learned counsel for the applicant 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 applicant moves 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 :- 22.11.2023 Imtiyaz High Court of Judicature at Allahabad
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