Court No. - 68
Case :- APPLICATION U/S 482 No. - 16847 of 2019 Applicant :- Dalip And 5 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned order dated 2.2.2019 passed by Additional Chief Judicial Magistrate, Court No. 10, Agra in Complaint Case No. 1379 of 2018 (Ram Wakil Vs. Dalip and others) under Sections 354, 323, 504, 506 IPC, Police Station Etmaadpur, District Agra.
Learned counsel for the applicants contended that applicant No. 1 (Dalip) has lodged first information report against the opposite party No. 2 (Ram Wakil), in which after investigation, police has submitted chargesheet. In counter blast, opposite party No. 2 (Ram Wakil) has lodged this complaint against the applicants maliciously with false allegation only to harass the applicants.
Learned A.G.A., contended that there is no illegality in the impugned summoning order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences 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 others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, 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.
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.
It is provided that if the applicant Nos. 2 to 6 apply for exemption from personal attendance through counsel under Section 205 Cr.P.C., learned trial court shall consider their application sympathetically.
With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 29.4.2019 Jaswant