Court No. - 68
Case :- APPLICATION U/S 482 No. - 22043 of 2019 Applicant :- Indrajeet Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State of U.P.
This application U/s 482 Cr.P.C., has been filed against the order dated 5.4.2019 passed by Additional Chief Judicial Magistrate, Court No. 3, Moradabad passed in complaint case no. 1932 of 2016 (Karan Singh Vs. Indrajeet Singh and others) under Sections 323, 504, 506 IPC, Police Station Majhola, District Moradabad whereby non bailable warrant has been issued against the applicant.
Learned counsel for the applicant contended that the applicant had never appeared before the Trial Court, as the proceedings of the Trial Court was not known to him.
Whether proceedings of the Trial Court is known to the applicant or not cannot be decided by this Court without perusal of record of the lower court. Accordingly, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the impugned summoning order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences 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.
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 applicant file his 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 applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 31.5.2019 Jaswant