Court No. - 55
Case :- APPLICATION U/S 482 No. - 38298 of 2018
Applicant :- Jitu @ Jitendra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 28.8.2018 passed by the Additional Sessions Judge, Court No. 1, Mathura in criminal revision no. 252 of 2017 as well as impugned order dated 6.5.2016 passed by the ACJM, Court No. 3, Mathura in complaint case no. 1633 of 2014 (Amar Singh Vs. Jitu @ Jitendra and others) under Sections 452, 324, 504 IPC, PS Raya, District Mathura pending before the aforesaid court with a further prayer to stay the proceedings of the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. At last he submitted that the applicants are ready to appear before the court and to face the trial. They sought some time to surrender before the court below.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.
Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceeding of the court below and summoning order passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, in the interest of justice, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 29.11.2018/Shekhar