Court No. - 68
Case :- APPLICATION U/S 482 No. - 15369 of 2019 Applicant :- Akhalesh Pathak And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhanshu Kumar Gour Hari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 17.08.2016 passed by Judicial Magistrate (Ist Class), Bisauli, Budaun as well as proceedings of Complaint Case No. 427 of 2016 (Rajeev v. Akhalesh and others), under Sections 452, 323 of the Indian Penal Code, 1860, Police Station - Bisauli, District - Budaun.
It is contended by learned counsel for the applicants that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings and passing of the impugned summoning order by the court below.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of the Code.
Accordingly, the prayer for quashing the entire proceedings as well as the summoning order in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, their prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
It is further directed that if applicant nos. 2 to 5 Ujjawal, Prajjul, Ashish and Avanish file an application before the trial court for exemption from personal attendance through counsel under Section 205 of the Code, the same shall be considered by the court sympathetically.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.4.2019 I. Batabyal