Court No. - 68
Case :- APPLICATION U/S 482 No. - 16901 of 2019 Applicant :- Komal And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Neeraj Kumar Srivastava 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 03.12.2015 as well as the consequential proceedings thereof. Prayer has also been made to quash the order dated 03.04.2019 issuing non-bailable warrant against the applicants in Complaint Case No.6041 of 2018, under Sections 452, 323, 504, 506, 392 I.P.C., Police Station- Chunar, District- Mirzapur, pending in the court of Judicial Magistrate/ II Additional Civil Judge (J.D.), Mirzapur.
It is contended by learned counsel for the applicants that from the perusal of allegation made in the complaint, no offence is made out. Applicants were not aware about the proceeding of the case. Accordingly, they could not appear before the trial 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 passing of the impugned summoning order and non- bailable warrant by the court below.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out.
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 summoning order, the consequential proceedings as well as issuing of non-bailable warrant in the aforesaid case is 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 applicants 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.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 30.4.2019 Radhika