Court No. - 49
Case :- CRIMINAL REVISION No. - 629 of 2018 Revisionist :- Chaina Devi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 24.01.2018 in Criminal Case No. 5017 of 2017 (State Vs. Chaina Devi and others), arising out of Case Crime No. 150 of 2017, under Sections- 420, 406 I.P.C., Police Station- Kotwali, District- Bareilly.
The contention of learned counsel for the applicants is that applicants had earlier approached this Court challenging the proceedings of the present case by filing Crl. 482 C.P.C. Application No. 27084 of 2015 which was disposed of by this Court vide order dated 12.09.2017 directing the applicants to move a discharge application under Section 245 (2) Cr.P.C. before the court below. In pursuance of the said order, the applicants had moved a discharge application before the learned Chief Judicial Magistrate which has been rejected by the impugned order.
Learned A.G.A. has vehemently opposed the prayer to quash the impugned order dated 24.01.2018 and has submitted that the same does not suffer from any illegality or infirmity inasmuch as the original document relied upon by the applicant has not been produced before the court below. Thus, the court below has rejected the applicant's discharge application.
Considered the submissions advanced by learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Chief Judicial Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint.
In view of the above, no ground to quash the impugned order dated 24.01.2018 is made out which may call for any interference by this Court.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days and no more, from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of. Order Date :- 23.2.2018 A. Singh