Court No. - 28
Case :- APPLICATION U/S 482 No. - 12134 of 2018 Applicant :- Kanak Bharti Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nidhi Singh,Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 20.11.2017 passed by Additional Chief Judicial Magistrate, Court No. 5, Varanasi in Complaint Case No. 954/2017 (Anand Bihari Singh Vs. Rajesh Khalifa and others) under Sections 420 and 506 I.P.C., Police Station Luxa, District Varanasi as well as entire proceeding of the aforesaid case.
Learned counsel for applicant contended that no offence is made out against applicant.
Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.
Here, it must be noted that remedy is available to applicant under Section 245(2) Cr.P.C. and Section 245(1) Cr.P.C. to get discharge.
The prayer for quashing the summoning order as well as entire proceeding of complaint in the aforesaid case, is refused.
Accordingly, application under Section 482 Cr.P.C. is disposed of.
None of the aforesaid offences against applicants are 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 on 23.01.2018 in Application under Section 482 No. 43217 of 2017 (Smt. Sakeena and others Vs. State), it is directed that in case the applicant files his 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.
If applicant submits application under Section 245(2) Cr.P.C. through counsel or 245(1) Cr.P.C. in person, same shall be decided by the court concerned at appropriate stage according to law within thirty days from the date of presentation of application before trial court.
Till the disposal of application under Section 245(2) Cr.P.C., no coercive action shall be taken against applicant.
Order Date :- 24.4.2018/Sharad/-