In this petition under Section 482 Cr.P.C. a prayer has been made that the summoning order passed in Case No. 2067 of 2009, Saizuddin Vs. Ajajuddin, under Sections 323, 324, 452 and 506 IPC, P. S. Jahanganj, District Farrukhabad may be set aside and in the meantime the proceedings of the case may be stayed.
At the time of arguments, the simple prayer was made that the lower court may be directed to dispose of the bail application of the accused-applicants on the day they surrender in the Court.
I considered over the matter. No such order cannot be issued to the lower court that the bail applications of the applicants be heard on the same day as it would amount to the interference of the discretion of the Court.
The learned AGA on the other hand argued that the summoning order has been passed as there was a prima facie case against the applicants.
I have considered over the argument and also perused the papers. A perusal of the material collected by the investigating officer makes it clear that at this stage it cannot be said that no offence is made out against the applicants. The submissions made by the learned counsel for the applicants relate to the disputed questions of fact which cannot be adjudicated upon by this Court in an application moved under Section 482 of the Code of Criminal Procedure. At this stage only a prima facie case has to be seen as has been observed by Hon'ble the Supreme Court in the following cases:
(i) R. P. Kapur Vs. State of Punjab, AIR 1960 SC 866.
(ii) State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426
(iii) State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 In the light of the above said judgments of the apex court it is cleat that the evidence of the accused cannot be considered at this stage.
Moreover the applicants have a right of discharge under Sections 239/227/228 Cr.P.C., as the case may be, by making a proper application for the said purpose containing therein their submissions with regard to their discharge.
The prayer for quashing the order, the proceedings as mentioned above is hereby rejected.
However, the learned lower court is directed that after the applicants surrender in the court within three weeks from today their bail application shall be disposed of in the light of the judgment passed by 7 Judges' Bench of this Court in Amarawati & another Vs. State of U. P. 2005 Cr. L. J. 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U. P. in 2009 (4) SCC 437.
Order Date :- 27.1.2010 RS.