Court No. - 53 Case :- APPLICATION U/S 482 No. - 15421 of 2005 Petitioner :- Rajesh Kumar Tiwari And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Ali Hasan,Viveka Nand Yadav Respondent Counsel :- Govt. Advocate,Anil Kumar Tiwari Hon'ble Ashwani Kumar Singh,J.
By means of this petition under Section 482 Cr.P.C., the petitioners have
prayed for quashing of the proceeding of Complaint Case No.1301 of 2004
(Makardhwaj Pandey Vs. Rajesh Tiwari and others), under Sections 420, 406,
500 IPC and 3/4 D.P. Act, P.S. Bhatani, District Deoria, pending in the Court
of Judicial Magistrate, Court No.11, Deoria.
The submission of learned counsel for the applicants is that the allegations
against the applicants are false and frivolous and no case, against the
applicants, is made out. Per contra, learned counsel for the State submits that
there is ample evidence on record, which reveals the complicity of the
applicants, in the present crime and it is for the trial court to evaluate and
appreciate the evidence on record.
I have considered the submissions of the learned counsel for the parties and
perused the entire record of the case.
In the facts and circumstances of the case, no interference is called for,
accordingly, the petition under Section 482 Cr.P.C. is dismissed. However, it
is provided that if the applicants appear before the court below within one
month from today and apply for bail, the learned court below shall grant bail
to the applicants and proceed further in accordance with law. It is also
provided that if any discharge application is moved thereafter, the learned
court below may dispose of the same, in accordance with law.
Order Date :- 27.7.2010
A