Court No. - 68
Case :- APPLICATION U/S 482 No. - 15367 of 2019 Applicant :- Gurudayal And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- A.K. Mishra 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 11.09.2018 passed by Civil Judge (Junior Division)/Judicial Magistrate, Jalesar, Etah as well as proceedings of Complaint Case No. 117 of 2017 (Ranvir Singh v. Gurudayal and others), under Sections 323, 504, 506 of the Indian Penal Code, 1860, Police Station - Sakrauli, District - Etah.
Learned counsel for the applicants contended that applicant no.
1 Gurudayal had lodged a report of non-cognizable offence against opposite party no. 2 Ranvir Singh and his family members. In counterblast, opposite party no. 2 has lodged this complaint maliciously, with false allegation, only with the mala fide intention of harrassing the applicants.
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 applicant 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.
Considering the facts and circumstances of the case, it is directed that in case the applicant surrenders before the court below and applies for bail, his bail application shall be considered and decided on the same day, strictly in accordance with law.
It is further directed that if the applicants pray for discharge at an appropriate stage, their prayer for discharge shall be considered and decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
It is further directed that if applicant nos. 2 and 3 - Smt. Shanti Devi and Narendra Kumar @ Santosh 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