Court No. - 68
Case :- APPLICATION U/S 482 No. - 16338 of 2019 Applicant :- Shesh Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhir Bharti Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, 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 applicants with a prayer to quash the summoning order dated 31.07.2018 passed by M.M. Room No.7, Kanpur Nagar as well as N.B.W. order dated 30.03.2019 passed by M.M. X Kanpur Nagar in Complaint Case No.1083 of 2018 (Durgesh Shukla Vs. Shesh Kumar & others), under Sections 323, 504, 506, 427 of the Indian Penal Code, 1860, Police Station - Narval, District -Kanpur Nagar, pending in the court of M.M. Room No.7, Kanpur Nagar.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution is launched against the applicants with mala fide intention for the purpose of harassment and 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 passing of the impugned summoning order as well as N.B.W 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 applicants.
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 summoning order as well as N.B.W. 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.
However, it is directed that in case the applicants file their bail application, their 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.
It is further provided that if applicant nos.2 and 3- Om Narain @ Chhotu and Ravi Shankar @ Vyas apply to dispense with their personal attendance through counsel under Section 205 Cr.P.C., the same shall be decided by magistrate concerned sympathetically.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.4.2019 Radhika