Court No. - 68
Case :- APPLICATION U/S 482 No. - 16872 of 2019 Applicant :- Munna Kha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Tripathi,Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, 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 applicant with a prayer to quash the summoning order dated 12.02.2018 passed by Additional Chief Judicial Magistrate, Meerut as well as entire proceedings of Complaint Case No. 2935 of 2017 (Mohd. Mustkeem Vs. Munna Kha), under Section 406 of the Indian Penal Code, 1860, Police Station - Ganga Nagar, District - Meerut, pending in the court of A.C.J.M., IX, Meerut.
It is contended by learned counsel for the applicant that applicant Munna kha agreed to sell his plot to opposite party no.2. In advance opposite party no.2 has paid Rs. 10 lacs to the applicant. Applicant returned Rs. 8 lacs to opposite party no.2 on the same day. The sale was not finalised and the applicant is refused to pay Rs. 2 lacs to opposite party no.2. Accordingly, as per version of the complaint, no offence under Section 406 I.P.C. is made out.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicant to file application under Section 245(2) of the Code to get himself discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the summoning order as well as entire proceedings in the aforesaid case is hereby refused.
However, none of the aforesaid offences alleged against applicant is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and another v. State of U.P. and another reported in 2018 (2) ACR 2190, it is directed that in case the applicant file his 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.
It is further directed that in case the applicant files an application under Section 245(2) of the Code for discharge through counsel from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicant.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 30.4.2019 Radhika