Application under Section 482 Cr.P.C. to quash order rejecting discharge application filed by accused was rejected as no illegality was established. Accused directed to surrender within 30 days for bail consideration.
Prayer to quash order rejected; applicants directed to surrender within 30 days for bail consideration.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 29772 of 2019
Applicant :- Sayeed Khan And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anita Singh,Dinesh Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the order dated 4.5.2019 passed by Additional Chief Judicial Magistrate I, Jaunpur in complaint case no. 1416 of 2014 under Sections 323, 504, 506, 427, 452 IPC, Police Station, Kheta Sarai, District-Jaunpur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It appears that the applicants had earlier approached this Court through application u/s 482 Cr.P.C. No.36418 of 2018 in which a direction was given to the applicants to file discharge application and the Court below was directed to consider and dispose of the same in accordance with law. In compliance of the said directions, concerned Magistrate heard the applicants and passed the order dated 4.5.2019 rejecting the discharge application with the observation that question raised on behalf of applicants require leading of evidence. Against the said order, the present application has been filed.
I have gone through the entire record including the impugned order.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the observations made by the Court below when no new evidence was available before court below at the time of disposal of discharge application, I am of the view that no case is made out to interfere with the impugned order. There is no illegality or infirmity in the said order. Applicants have opportunity to move discharge application at appropriate stage after obtaining bail. Hence, the prayer made in the application is refused.
However, it is observed that in case the applicants surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the aforesaid observations, the application stands disposed of.
Order Date :- 9.9.2019/safi
1 issue framed by the court
Whether an application for quashing the order rejecting discharge filed by the accused under Section 482 Cr.P.C. would require interference.
1 provisions across 1 enactments
Sayeed Khan And 2 Ors
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
