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2019 DIGILAW 52 (ALL)

Tara Miyan Alias Sahid Miyan v. State of U. P.

2019-01-07

SURESH KUMAR GUPTA

body2019
JUDGMENT : Suresh Kumar Gupta, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings/charge-sheet of Criminal Case No. 735 of 2018, State vs. Tara Miyan alias Sahid Miyan in Case Crime No. 86 of 2016 pending in the court of Judicial Magistrate Shahjahanpour under section 2/3 Public Property Damages Act, P.S. Kalan, District Shahjahanpur and further prayer is to stay the proceedings of aforesaid case crime. 3. Learned counsel for the applicant submitted that on the basis of false allegation the applicants have been falsely implicated in the present case, hence the entire proceedings are liable to be quashed. He further contended that if the applicants are released on bail, they will not misuse the liberty of bail. 4. Learned AGA opposed aforesaid prayer. 5. Considered the submission of counsel for the parties. Since it requires appreciation of evidence, hence at this initial stage, no interference is required. 6. However, in view of the aforesaid facts, if the applicant appears/surrenders before the courts below within thirty days from today and applies for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day. For a period of thirty day, no coercive action shall be taken against the applicant. 7. With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.