Court No. - 15
Case :- APPLICATION U/S 482 No. - 16823 of 2017 Applicant :- Mohd. Abrar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.,Amit Singh
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the entire proceedings of complaint case No. 3056 of 2016 (Smt. Kaisarjanha Vs. Mohd. Abrar and others) under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act as well as summoning order dated 16.3.2017 passed by learned Judicial Magistrate, Farenda, District Maharajganj.
Learned counsel for the applicants contended that from the contents of complaint, no offence is made out against the applicants.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day on which they are taken into custody, as per the guidelines prescribed by Hon'ble Apex Court in Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501.
It is further directed that if applicant no. 2 (Smt. Maimunissha) and applicant No. 6 (Sabeena) file discharge application under Section 245(2) of the Code through counsel within 30 days from today, the same shall be decided by a reasoned and speaking order considering the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.
Till the disposal of discharge application, no coercive action shall be taken against applicant nos. 2 and 6.
For a period of 60 days from today or till applicant nos. 1, 3, 4 and 5 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
It is open for the applicant Nos. 4 and 5 to raise plea of juvenility before the trial court. The trial court shall decide such plea expeditiously.
With the aforesaid observations/directions, the instant application stands disposed of. Order Date :- 29.11.2018 Jaswant