The court refused to quash a summoning order under Section 482 Cr.P.C. in a criminal case alleging Sections 323, 504, and 506 IPC. It directed that bail prayers be considered expeditiously if applicants surrender.
Prayer for quashing refused; directed to consider bail prayers expeditiously on surrender.
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Court No. - 54 Case :- APPLICATION U/S 482 No. - 20558 of 2018
Applicant :- Sher Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Srivastava,Vinod Kumar Srivastava 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 11.08.2017 passed by Additional Chief Judicial Magistrate IInd, Saharanpur as well as proceeding of Complaint Case No. 4948/2016 (Komta Vs. Sher Singh & others) under Sections 323, 504 and 506 I.P.C., Police Station Nakud, District Saharanpur pending in the court of Additional Chief Judicial Magistrate IInd, Saharanpur.
Learned counsel for the applicants contended that no offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment.
Learned A.G.A. contended that there is no illegality in passing of the aforesaid 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 against the applicants. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the summoning order as well as entire proceedings of in the aforesaid case is refused.
However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 5.6.2018 Sharad/-
1 issue framed by the court
Whether the summoning order and proceedings ought to be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sher Singh And 4 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
