Court No. - 44
Case :- APPLICATION U/S 482 No. - 22007 of 2018 Applicant :- Anand Gopal Misra And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajendra Singh, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 20.04.2018 passed by the IXth Additional Chief Judicial Magistrate, Varanasi in Case No. 1061 of 2017 (Virendra Pratap Vs. Anand Gopal and others) under Sections 452, 323, 504 and 506 I.P.C., Police Station- Cantt. District-Varanasi as well as the entire proceedings of the above mentioned case whereby discharge application filed by the applicants in terms of Section 245 (2) Cr.P.C. has been rejected.
Upon perusal of the discharge application filed by the applicants before the Magistrate, copy of which is on the record as Annexure-10 at page 41 of paper-book, it is explicitly clear that no submission was urged before the court below that the charge alleged against the applicants is groundless. Admittedly, the powers under Section 245 (2) Cr.P.C. can be exercised by the Magistrate at any previous stage of the proceedings provided the charge alleged against the accused person is groundless.
From the facts as noted herein above, it is apparently clear that there was no pleading to that effect in the discharge application. However, the Magistrate being conscious of the provisions of the law, proceeded to consider the application for discharge in its entirety and came to the conclusion that from the evidence on the record, i.e., the allegations made in the complaint, the statement of the complainant and the statements of the witnesses, opined that it cannot be said that no case is made out against the applicants.
This being the position, the Magistrate did not commit any illegality or perversity in passing the impugned order dated 20.04.2018. Consequently, the prayer prayed for in the present application is hereby refused.
However, it is provided that in case the applicants appear before the court below within three weeks from today and apply for bail then their bail application shall be considered by the court below in the light of the observations made by this Court in the case of Brahm Singh and Ors. Vs. State of U.P. and others, reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that for a period of three weeks from today, no coercive action shall be taken against the applicants.
In case of default, the interim protection granted to the applicants as well as the direction to the court below to consider the bail application of the applicants shall stand revoked.
With the aforesaid observations, the present application is finally disposed of.
Order Date :- 26.7.2018 YK