Court No. - 68
Case :- APPLICATION U/S 482 No. - 21139 of 2019 Applicant :- Vedpal And 04 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 22.01.2019 passed by Additional Civil Judge-I (Senior Division)/A.C.J.M. Saharanpur as well as proceedings of Complaint Case No. 146 of 2018 (Amrish Vs. Ravindra and others), under Sections 452, 323, 504, 506 IPC, Police Station Teetro, District Saharanpur.
Learned counsel for the applicants contended that opposite party no. 2 Amrish Kumar Sharma has filed his complaint maliciously with false allegation only to harass the applicants. As per version of the complaint five persons having blunt object lathi and danda in their hands entered into the residence of opposite party no.2 Amrish Kumar Sharma and assaulted him and his companion. Even so, no one from the side of the opposite party no.2 has either been medically examined or has sustained injury. Accordingly, no offence is made out against the applicants.
Learned A.G.A., contended that there is no illegality in the impugned order.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences 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 others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, 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 if applicants apply for discharge under Section 245 (2) Cr.P.C., within 45 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 28.5.2019/AKT