Court No. - 68
Case :- APPLICATION U/S 482 No. - 21512 of 2019 Applicant :- Smt Rekha And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 03.12.2018 passed by VII Additional Chief Judicial Magistrate, Ghaziabad as well as the entire proceedings of Complaint Case No. 10 of 2008 (Smt. Rajbala v. Smt. Rekha and others), under Sections 447, 504, 506 of I.P.C., Police Station - Indirapuram, District - Ghaziabad.
Learned counsel for the applicants contended that applicant no. 1 Smt. Rekha has made several complaints and F.I.Rs. against opposite party no. 2 Smt. Rajbala and her family members. In counterblast, opposite party no. 2 has filed this complaint maliciously, with false allegation, only to harass the applicants.
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.
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.
However, none of the aforesaid offences alleged 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.
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 applicants file their 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 their prayer for interim bail shall be considered and decided on the same day.
It is further directed that if the applicants apply for discharge at an appropriate stage, the same shall be considered and decided by the court below by a reasoned and speaking order, strictly in accordance with law.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive measure shall be adopted against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.5.2019 I. Batabyal