Court No. - 68
Case :- APPLICATION U/S 482 No. - 16890 of 2019 Applicant :- Raj Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anand Kumar 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 10.04.2015 as well as entire proceedings of Complaint Case No. 417 of 2013 (Smt. Rajwanti versus Raj Kumar & others), under Sections370, 498-A, 120-B I.P.C., Police Station - Obra, District -Sonebhadra, pending in the court of A.C.J.M., Sonebhadra.
As per version of complaint, Smt. Anita daughter of opposite party no.2, Smt. Rajwanti was married with the applicant, Raj Kumar before one year of the occurrence. The applicant took Anita at Surat. After sometime, he returned at home alone and sold the Anita for money to someone else.
Learned counsel for the applicant contended that in Surat Smt. Anita has gone to purchase vegetables but she could not returned. Accordingly, no offence is made out against the applicant.
Per contra, learned A.G.A. has opposed the prayer made and contention thereof raised by learned counsel for the applicant and submitted that material on record is sufficient for justifying initiation of proceedings and passing of the impugned summoning order by the court below.
From the perusal of material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the applicants.
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 the Code.
Accordingly, the prayer for quashing the entire proceedings as well as the summoning order in the aforesaid case is refused.
All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Considering the facts and circumstances of the case, it is directed that in case the applicant surrenders before the court below and apply for bail, his bail application shall be considered and decided by the trial court expeditiously.
For a period of 30 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 :- 30.4.2019 Radhika