Court No. - 73
Case :- APPLICATION U/S 482 No. - 30262 of 2019 Applicant :- Shakeel Ahmad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 614 of 2013 (Barkatulla Vs. Shivshankar and others), under Sections 147, 323, 504, 506, 427, 452, 395 IPC, Police Station Adampur, District - Varanasi arising out of summoning order dated 23.2.2016 pending in the court of Additional Chief Judicial Magistrate, Court No.VII, Varanasi. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
Vide order dated 15.7.2019 discharge application moved by the applicants was dismissed on the ground that offences levelled are triable by the Sessions Judge. If the grounds taken in the application as well as submissions raised by the learned counsel for the applicants are taken into consideration then also order passed by the concerned Magistrate on 15.7.2019 cannot be termed to be illegal. Applicants have right to move fresh discharge application at appropriate stage after obtaining bail. No illegality, infirmity or perversity is found in the summoning order.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
Hence, it is directed that in case the applicants surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 26.8.2019 Sachdeva