Court No. - 68
Case :- APPLICATION U/S 482 No. - 16898 of 2019 Applicant :- Tokeer And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vinay Kumar Tripathi 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 07.03.2019 passed by Additional Chief Judicial Magistrate-II, District- Shahjahanpur as well as entire proceedings of Complaint Case No.3329 of 2018 (Smt. Meena Khan Vs. Tokeer and others), under Section 354, 427, 452 of the Indian Penal Code, 1860, Police Station -Kotwali, District - Shahjahanpur, pending in the court of A.C.J.M.-II, District- Shahjahanpur.
It is contended by learned counsel for the applicants that sister of applicant nos.1, 2 and 3 has lodged F.I.R. against son of opposite party no.2, Smt. Meena Khan and her family members. In counter blast of the F.I.R. lodged by sister of applicant nos.1, 2 and 3, opposite party no.2 has filed this complaint maliciously with false allegation only to harass the applicant.
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 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 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 prayer for interim bail shall be considered and decided on the same day.
It is further directed that in case applicants file application under Section 245 of the Code for discharge at appropriate stage, the same shall be decided by the trial court/magistrate concerned by a reasoned and speaking order, strictly in accordance with law.
It is further provided that if applicant nos.2 to 6- Guddu, Babbu, Idrish, Razi and Nadeem 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 :- 30.4.2019 Radhika