Court No. - 44
Case :- APPLICATION U/S 482 No. - 14332 of 2018 Applicant :- Jai Prakash Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shiva Kant Srivastava, learned counsel for the applicants, and the learned A.G.A. for the State.
This application under Section 482 has been filed challenging the summoning order dated 4.12.2017, passed by the Judicial Magistrate, Court No. 16, Azamgarh in Complaint Case No. 666 of 2017 (Chandrabhan Vs. jai Prakash), under Sections 323, 504, 506, 392 IPC, P.S. Saraimeer, District Azamgarh as well as the entire proceedings of the aforesaid complaint case.
From the perusal of the record, the court finds that the complainant i.e. opposite party No.2 had received injuries in the criminality committed upon him on 7.8.2014. These allegations alleged by the complainant also stand corroborated by injury report dated 9.8.2014. In the entire affidavit filed in support of the present application, there is no averment regarding the aforesaid injury report or about the occurrence which is alleged to have occurred on 7.8.2014. Since there is no challenge to the injury report dated 9.8.2014, the occurrence prima facie appears to have taken place and, therefore, the allegations made in the complaint cannot be said to be false or malicious at this stage. In view of the aforesaid, no occasion arises for this court to interfere with the impugned order. Consequently, the prayer prayed for is refused.
Considering the facts and circumstances of the present case, it is provided that if the bail has not been obtained as yet, the applicant may appear before the court below and apply for bail within two months from today, the court below shall make an endeavour to decide the bail application of the applicants in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that for a period of two months from today or till the applicants appear before the court below, whichever is earlier, no coersice action shall be taken against the applicants.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 27.4.2018 Arshad