Court No. - 68
Case :- APPLICATION U/S 482 No. - 16855 of 2019 Applicant :- Karan Singh And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition 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 applicants with a prayer to quash the summoning order dated 11.03.2019 passed by Special Judge (D.A.A.)/ IIIrd Additional Sessions Judge, Kannauj as well as entire proceedings of Complaint Case No. 41 of 2018 (Radheshyam versus Karan Singh and others), under Sections 395, 504, 506 I.P.C., Police Station -Vishungarh, District - Kannauj, pending in the court of Additional District Judge, Court No.2, Kannauj.
It is contended by learned counsel for the applicants that opposite party no.2, Radheshyam has lodged report of non- cognizable offence under Section 323 and 504 I.P.C. against applicant nos.1 and 2, Karan Singh and Vijay Singh. N.C.R. has been lodged on the written statement of opposite party no.2. Later on opposite party no.2, Radheshyam has lodged this complaint naming five persons of the same occurrence.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicants and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicant nos.3, 4 and 5 to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the summoning order and entire proceedings in the aforesaid case is hereby refused.
All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Considering the facts and circumstances of the case, it is directed that in case the applicant nos.1 and 2- Karan Singh and Vijay Singh surrender before the court below and apply for bail, their bail application 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.
It is further directed that in case applicant nos.3, 4 and 5- Neetu, Kusma and Sanjo Devi file application under Section 245 (2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court/magistrate concerned by a reasoned and speaking order expeditiously strictly in accordance with law.
For a period of 60 days from today or till the applicant nos.1 and 2 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Till the disposal of discharge application, no coercive action shall be taken against the applicant nos.3, 4 and 5.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.4.2019 Radhika