Court No. - 68
Case :- APPLICATION U/S 482 No. - 21126 of 2019 Applicant :- Suresh Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties 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 15.10.2018 passed by Chief Judicial Magistrate, Hathras as well as the entire proceedings of Criminal Case No. 1346 of 2018 (Ramautar v. Suresh Sharma and others), under Sections 406, 323, 504, 506 of the Indian Penal Code, 1860, Police Station - Hathras Gate, District - Hathras.
Learned counsel for the applicants contended that even from the allegations made in the complaint, offence under Section 406 of I.P.C. is not made out against the applicants. None from the side of opposite party no. 2 has sustained any injury. The complaint has been filed at a very belated stage.
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 criminal proceedings and passing of the impugned summoning order in the aforesaid case 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 entire proceedings as well as the impugned summoning order in the aforesaid case is refused.
However, none of the aforesaid offences alleged against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and another v. State of U.P. and Another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, their 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 their prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive measure shall be adopted against them.
The issue that charge under Section 406 of I.P.C. is not made out against the applicant, can be raised by learned counsel for the applicants at the stage of framing of charge and the same shall be considered by the trial court at that stage.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 28.5.2019 I. Batabyal