Court No. - 53 Case :- APPLICATION U/S 482 No. - 20590 of 2008 Petitioner :- Gyan Chandra And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Jai Shankar Audichya Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicants, learned counsel for the State and
learned counsel for the opposite party no.2.
By means of this petition under section 482 Cr.P.C., the petitioners have
prayed for quashing the criminal proceedings in case no.837/07, under
sections 498A, 323, 504 I.P.C.(State v. Gyan Chandra and others P.S.
Baradari, District Bareilly, pending in the court of A.C.J.M. I, Bareilly.
The matter was sent for mediation through Mediation Centre, which,
ultimately, failed.
Learned counsel for the applicants contends that the applicants are innocent
and have been falsely implicated in the present case and the allegations
levelled against them are false and frivolous. It is also submitted that the
complaint was made after a yawning delay of three years.
Per contra, learned counsel for the opposite party no.2 submits that there is
ample evidence to connect the applicants with the present crime.
I have considered the submissions made by learned counsel for either parties
and perused the material on record.
I am of the view that no interference is called for in the present petition under
section 482 Cr.P.C. The petition is accordingly dismissed.
However,looking to the facts and circumstance of the case, it is provided that
if the applicants appear before the court concerned within thirty days from
today and apply for bail, the court concerned shall grant bail, and proceed in
accordance with law.
Order Date :- 26.7.2010
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