Court No. - 53
Case :- APPLICATION U/S 482 No. - 2196 of 2019 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the 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 applicant with a prayer to quash the summoning order dated 19.05.2018 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Aligarh in Case No. 1122 of 2018 (State v. Sachin), arising out of Crime No. 223 of 2014, under Section 135 of Electricity Act, Police Station - Chandaus, District - Aligarh.
It is contended by learned counsel for the applicant that in this case, the applicant's father is the licensee of the Electricity Department, having a valid connection. The police after investigation has submitted F.R. against the applicant. On the protest petition of opposite party no. 2 - Rajanikant, Executive Engineer, Electricity Department, the applicant has been summoned. No offence, whatsoever, is made out against him.
Per contra, learned A.G.A. has opposed the prayer so made and contention thereof raised by learned counsel for the applicants and submitted that material on record is sufficient for justifying passing of the impugned summoning order in the aforesaid case against the applicant 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 applicant.
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 impugned summoning order in the aforesaid case is refused.
In the present case, the police has submitted final report. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of above, it is directed that in case the applicant files his bail application, his 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.
For a period of 60 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 :- 22.1.2019 I. Batabyal