Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 2507 (ALL)

Raja Ram v. State of U. P.

2014-08-14

ARVIND KUMAR TRIPATHI

body2014
JUDGMENT Hon'ble Arvind Kumar Tripathi, J. This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the complaint no.444/2013 under section 323, 504, 506 I.P.C. and further prayer is to stay the proceeding of aforesaid case. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. Learned counsel for the applicants submitted that the harijan abadi is adjacent to the plot no.323 belonging to the complainant opposite party no.2. The applicants never tried to grab the land and take possession and use the land of complainant opposite party no.2. In fact he wanted to take possession over the land declared for harijan abadi by revenue court and as such on the false allegation the impugned complaint was filed. The present complaint being malicious is liable to be quashed. Learned AGA opposed aforesaid prayer. 3. Considered the submission of counsel for the parties. The disputed question of fact will be examined by the court concerned on the basis of evidence adduced by the parties, hence at this initial stage no interference is required. 4. However, if discharge application is filed through counsel on behalf of the applicants within thirty days, it is expected that the court concerned will consider and decide the same expeditiously on merit by a speaking and reasoned order at appropriate stage, in accordance with law. 5. Till disposal of the discharge application no coercive action shall be taken against the applicants. 6. If discharge application is rejected and the applicants appear before the courts below within four weeks and apply for bail, it is expected that the same will be considered and disposed off expeditiously, 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 . If due to any reason the bail application could not be disposed off same day, the applicants may be released on interim bail till disposal of the bail application. 7. With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.