Court No. - 68
Case :- APPLICATION U/S 482 No. - 21553 of 2019 Applicant :- Mujammil Opposite Party :- State Of Uand Another Counsel for Applicant :- Chandra Shekhar Mishra 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 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash summoning order dated 10.01.2019 passed by A.C.J.M-IV, Saharanpur, in Complaint Case No. 992 of 2018 (Smt. Afsana v. Mujammil), under Sections 498A, 323, 325 of the Indian Penal Code, 1860, Police Station - Chilkana, District -Saharanpur, pending in the court of A.C.J.M.-IV, Saharanpur.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution is launched against the applicant with mala fide intention for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and contentions thereof raised by learned counsel for the applicant and contended that the material on record was sufficient for justifying passing of the impugned summoning order in the aforesaid case against the applicant.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.
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 Code.
In view of the above, the prayer for quashing the passing of the impugned summoning order in the aforesaid case is refused.
However, it is directed that if applicant applies for bail, the same shall be disposed of on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another v. Union of India reported in 2018 SCC OnLine SC 1501.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.5.2019 AKT