Court No. - 68
Case :- APPLICATION U/S 482 No. - 15358 of 2019 Applicant :- Parvez Warsi Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the impugned summoning order dated 13.12.2018 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Bareilly as well as entire proceedings of Complaint Case No. 3991 of 2017 (Mohd. Waseem Mukhtyar Vs. Parvez Warsi) under Sections 406, 323, 504, 506 IPC, Police Station Kila, District Bareilly.
Learned counsel for the applicant contended that as per version of the complaint, opposite party No. 2 has lend Rs. 50,000/- to the applicant. Applicant could not return the said money to the opposite party No. 2. Opposite party No. 2 has sustained no injury. Accordingly, no offence is made out against the applicant.
Learned A.G.A., contended that there is no illegality in the impugned summoning order.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicant to get himself discharge from the court concerned.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences 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 others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicant file his bail application, 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 if applicant applies for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicant.
With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 30.4.2019 Jaswant