Court No. - 44
Case :- APPLICATION U/S 482 No. - 13676 of 2018 Applicant :- Ramji Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Lal Yadav,Bare Lal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Gyanendra Pratap Singh holding brief of Mr. Bare Lal, learned counsel for the applicants, the learned AGA for State and Mr. Vinod Kumar Pandey, advocate has put in appearance on behalf of the opposite party No.2 and has filed his Vakalatname in Court today. The same is taken on record.
This application under section 482 Cr.P.C. has been filed challenging the summoning order dated 22.03.2018 passed by the chief Judicial Magistrate, Court No.1, District-Allahabad in Complaint Case No. 534 of 2017 (Shailendra Jaiswal Vs. Ram Ji Yadav and others), under Sections 323, 427, 452, 504 and 506 IPC, P.S. Kyedganj, District- Allahabad as well as the entire proceedings of the abovementioned complaint case.
From the perusal of the record, the Court finds that an incident is alleged to have occurred on 03.03.2017. The applicants had filed an application under Section 156 (3) Cr.P.C. on 25.07.2017 in respect of the said incident. On the aforesaid application, the court below passed an order to proceed with the same as a complaint case. In respect of the same incident an NCR report dated 03.03.2017 was lodged by the applicant No.1, Ram Ji Yadav. During the pendency of the aforesaid complaint case, the applicants hereunder filed an application dated 08.03.2017 praying therein that regarding investigation of NCR No. 13 of 2017, directions be issued to the Station House Officer, P.S. Kyedganj to investigate NCR No. 13 of 2017.
Thus from the aforesaid, it is explicitly clear that an incident has occurred on 3.03.2017 regarding which the applicants and the opposite party No.2 have there own versions. In such situation, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. cannot decide the veracity of the allegations made by either party one way or the other.
Consequently the prayer made for in the present application is refused.
Considering the facts and circumstances of the case, it is provided that in case the applicants appear before the court below within a period of two months from today, their bail application shall be considered by the court below in light of the observations made in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that for a period of two months from today or till the applicants appear before the court below whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid observations, the present application is finally disposed of.
Order Date :- 24.4.2018 S. Thakur