Court No. - 68
Case :- APPLICATION U/S 482 No. - 15281 of 2019 Applicant :- Laxmi Shankar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daya Shankar Srivastava Counsel for Opposite Party :- G.A.
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 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the impugned order dated 12.03.2019 passed by Additional Sessions Judge/Special Judge (U.P. Dacoity Affected Areas Act), Lalitpur, in S.S.T. No. 23 of 2019, pertaining to Misc. Case No. 171 of 2015 (Suk Pal Singh v. Prati Pal and others), under Sections 394, 397 of the Indian Penal Code, 1860, (for short 'I.P.C.'), Police Station - Kotwali, District - Lalitpur, pending in the court of Additional Sessions Judge/Special Judge (U.P. Dacoity Affected Areas Act), Lalitpur.
Learned counsel for the applicants contended that applicant no. 1 Laxmi Shankar has lodged this complaint in which opposite party no. 2 Sukhpal and his family members have been summoned for the offences punishable under Sections 395, 397, 307 of I.P.C. In counterblast, opposite party no. 2 Sukhpal has lodged this complaint maliciously, with false allegation, only with the mala fide intention of harassing the applicants.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that there is no infirmity in the impugned order passed 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 impugned order in the aforesaid case is refused.
All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of above and considering the facts and circumstances of the case, it is directed that in case the applicants file their bail application, their 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 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 :- 29.4.2019 I. Batabyal