Ramesh Gupta vs State Of U.P. And Another
2013 Latest Caselaw 1326 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 14044 of 2013
 

 
Petitioner :- Ramesh Gupta
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- L.P. Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and the learned A.G.A.

Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 5.3.2013 passed by the Additional Chief Judicial Magistrate-II Ballia in case No. 1576 of 2012 under Seciion 498A IPC and 3/4 D.P. Act, police station  Pakari, district Ballia whereby the discharge application of the applicant has been dismissed and the applicant has been directed to apply for bail.

Learned counsel for the applicant has drawn the attention of this Court  to annexure -3 to the affidavit, which is the order dated 6.9.2012 passed by another Bench of this Court  in 482 application No. 17456 of 2011, whereby the applicant was given liberty to move application for discharge before the court below and the court below was directed to consider and dispose of the same within two months.  Learned counsel for the applicant has next referred to the provisions of Section 245(2) CR.P.C. and has argued that the Magistrate has power to consider the application for discharge of an accused at any previous stage of the case if, for reasons to be recorded by such Magistrate that he considers the charge to be groundless and it is argued that grant of bail is not a condition precedent for considering the discharge application, therefore, the order impugned is bad in law.

After hearing the learned counsel for the parties and after perusing the order impugned as well as the averments as contained in the present application, this Court is of the opinion that the matter requires reconsideration.

Accordingly, order dated 5.3.2013 is hereby set aside and the matter is remitted to the Additional Chief Judicial Magistrate-II, Ballia to reconsider the same and pass appropriate order most expeditiously, strictly in accordance with law, preferably within a period of two months from the date of production of a certified copy of this order before the court concerned.

Application accordingly disposed off.

Order Date :- 25.4.2013

faraz