Court No. - 68
Case :- APPLICATION U/S 482 No. - 21996 of 2019 Applicant :- Ramesh Yadav And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Sharma,Indresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 15.3.2019 passed by Chief Judicial Magistrate, Bhadohi, Gyanpur as well as proceedings of Criminal Complaint Case No. 907 of 2018 (Gani Ram Yadav Vs. Ramesh Yadav and others) under Sections 354, 354-B, 323, 504, 506, 452, 427, 379 IPC, Police Station Gopiganj, District Bhadohi.
Learned counsel for the applicants contended that the applicant No. 5 (Dayaram) has lodged first information report against opposite party No. 2 (Gani Ram Yadav) and his companions. After investigation, police has submitted chargesheet. After interval of some time, opposite party No. 2 (Gani Ram Yadav) has lodged this complaint maliciously with false allegation only to harass the applicants showing the occurrence of the same day as mentioned in the first information report lodged by applicant No. 5 (Dayaram).
Learned A.G.A., contended that there is no illegality in the impugned order.
As per contention of learned counsel for the applicants, this complaint is cross case of the first information report lodged by applicant No. 5 (Dayaram) against opposite party No. 2 (Gani Ram Yadav). In exercise of extraordinary jurisdiction of this Court under Section 482 Cr.P.C., at this stage, it cannot be adjudicated as to which party is aggressor.
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 applicants 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.
Considering the facts and circumstances of the case and 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 applicants file their 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 provided that in case, the applicants claim discharge at appropriate stage, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the court concerned.
It is further provided that if the applicant Nos. 1 to 4 and 6 to 11 apply for exemption from personal attendance through counsel under Section 205 Cr.P.C., learned trial court shall consider their application sympathetically.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 31.5.2019 Jaswant