Court No. - 41
Case :- APPLICATION U/S 482 No. - 31315 of 2018 Applicant :- Sandeep Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.,Shravana Kumar Yadav
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today on behalf of Shravan Kumar Yadav, learned counsel for opposite party No.2 is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party No.2 and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Complaint Case No. 949/9 of 2013 under Section 406 IPC, Police Station Kotwali, District Muzaffar Nagar and impugned order dated 25.8.2018 passed by Additional District Judge, Court No.9, Muzaffar Nagar in Criminal Revision No. 136 of 2017 arising out of order dated 31.5.2017 passed by ACJM, Court No.1, Muzaffar Nagar by which discharge application of applicant has been rejected in the above complaint case.
Learned counsel for the applicant submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
A perusal of the record reveals that the summoning order was passed after recording the statement under Sections 200 and 202 Cr.P.C. of the complainant as well as the witnesses.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 12.9.2018/P.P.