Court No. - 68
Case :- APPLICATION U/S 482 No. - 16897 of 2019 Applicant :- Girish Madhav And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit has been filed in the Court today, is same is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 23.05.2018, order of B.W. dated 28.07.2018 including proceedings of Complaint Case No. 132 of 2017 (Deepak Gupta Vs. Girish & others), under Sections 452, 323, 504, 506 of the Indian Penal Code, 1860, Police Station -Sadar, District - Agra, pending in the court of A.C.J.M., Court No.2, Agra.
It is contended by learned counsel for the applicants that applicant no.5, Manmohan has lodged report of non-cognizable offence against opposite party no.2, Deepak Gupta and his family members. In counterblast, opposite party no.2 has lodged this complaint maliciously with false allegation only to harass the applicants, showing cross case of the F.I.R. lodged by applicant no.5.
Per contra, learned A.G.A. has opposed the prayer and submitted that material on record is sufficient for justifying passing of the impugned summoning order and B.W. 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 summoning order and B.W. dated 28.07.2018 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 provided that if applicant nos.1, 2, 3, 4, 6 and 7- Girish Madhav, Atul, Ishu, Ankit, Shivam and Raju apply to dispense with their personal attendance through counsel under Section 205 Cr.P.C., the same shall be decided by magistrate concerned 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 :- 30.4.2019 Radhika