Court No. - 15
Case :- APPLICATION U/S 482 No. - 15975 of 2015 Applicant :- Jilajeet Patel Opposite Party :- State Of U.P. & Another Counsel for Applicant :- P.N. Tripathi Counsel for Opposite Party :- Govt. Advocate
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 (in short 'Code') has been filed on behalf of the applicant with a prayer to quash the entire proceedings of Criminal Case (State v. Jeelajeet Patel), arising out of Case Crime No. 683 of 2014, under Section 354 of the Indian Penal Code, 1860, Police Station - Jalalpur, District - Jaunpur, pending in the court of A.C.J.M.-II, Jaunpur.
It is contended by learned counsel for the applicant that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide, as such, the present proceedings are sheer abuse of the process of the court.
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 F.I.R. and other material brought 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 applicant.
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 in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicant is punishable with imprisonment for more than seven years. The police has submitted charge-sheet. 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 applicant files bail application, his 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 aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 20.12.2018 I. Batabyal