Court No. - 68
Case :- APPLICATION U/S 482 No. - 16885 of 2019 Applicant :- Satish Verma Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicant with a prayer to quash the summoning order dated 13.05.2013 as well as entire proceedings of Complaint Case No. 750/9 of 2013 (Ashok Goyal Vs. Mukesh Jain & Another), under Sections 452, 504, 506, 392 I.P.C., Police Station - Nai Mandi, District -Muzaffarnagar, pending in the court of A.C.J.M. 3rd, Muzaffarnagar.
It is contended by learned counsel for the applicant that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are sheer abuse of the process of the court.
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 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 entire proceedings as well as the summoning order in the aforesaid case is refused.
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, it is directed that in case the applicant surrenders before the court below and apply for bail, his bail application 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 :- 30.4.2019 Radhika