Court No. - 68
Case :- APPLICATION U/S 482 No. - 21487 of 2019 Applicant :- Vivek Gautam And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Gaurav Sharma 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 impugned summoning order dated 29.5.2018 passed by Additional Chief Judicial Magistrate, Court No. 11, Agra as well as proceedings of Complaint Case No. 28 of 2018 (Poonam Vs. Vivek and others) under Sections 498-A, 323, 504, 506 IPC, Police Station Barhan, District Agra.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in the impugned order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out.
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.
However, it is further directed that if applicant Nos. 2, 3, 5, 6 and 7 apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order, considering the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicant Nos. 2, 3, 5, 6 and 7.
For a period of 60 days from today or till the applicant Nos. 1 and 4 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 29.5.2019 Jaswant