Court No. - 73
Case :- APPLICATION U/S 482 No. - 29774 of 2019 Applicant :- Mukhtar Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rishikesh Pati Tripathi,Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Certified copy of the summoning order filed today is taken on record.
Heard learned counsel for he applicants and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned order dated 08.07.2019 passed by Additional Civil Judge (Senior Division) / Additional Chief Judicial Magistrate, Court No. 15, Deoria and the order dated 20.04.2015 passed by Judicial Magistrate, Court No. 22, Deoria, under Section 420, 504, 506 IPC in Complaint Case No. 2286 of 2014 (Suraj Yadav Vs. Mukhtar and another), Police Station Lar, District Deoria.
It is submitted by learned counsel for the applicants that summoning order was passed on 20.04.2015 in the present matter. Applicants moved discharge application under Section 245(2) Cr.P.C., which was illegally rejected by the concerned Magistrate.
On the other hand, learned AGA opposed the prayer.
In this matter, as is evident from the record, applicants have not obtained bail but they have moved discharge application through counsel. Trial court while rejecting the discharge application has observed that no new evidence has come on record under Section 244 Cr.P.C. If the observations recorded by the trial court in the impugned order is taken into consideration in light of settled principle of law, no illegality or infirmity is found. Application being devoid of merits is not liable to be allowed.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of. Order Date :- 22.8.2019 Sanjeet