Allahabad High Court
Gyan Chandra And Others vs State Of U.P. And Another on 26 July, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
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 kvg/-