Court No. - 68
Case :- APPLICATION U/S 482 No. - 15357 of 2019 Applicant :- Hanif And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Jagdish Prasad Mishra 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 19.5.2015 passed by Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar as well as proceedings of Complaint Case No. 589 of 2015 (Mahboob Ilahi @ Saddan Vs. Hanif and others) under Sections 452, 323, 504, 506 IPC, Police Station Kotwali Nagar, District Muzaffarnagar.
Learned counsel for the applicants contended that the opposite party No. 2 has filed this complaint maliciously with false allegation only to harass the applicants due to civil suit pending between the parties. As per allegation of the complaint, seven persons entered into the residence of opposite party No. 2 and assaulted the opposite party No. 2 and his family members with blunt object i.e. lathi and danda. No one from the side of opposite party No. 2 has either been medically examined or has sustained injury.
Learned A.G.A., contended that there is no illegality in the impugned order.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
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.
It is provided that if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the concerned Magistrate on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 30.4.2019 Jaswant