Abdul Hamid @ Aiya vs State Of U.P. And Another
2014 Latest Caselaw 2666 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 23495 of 2014
 

 
Applicant :- Abdul Hamid @ Aiya
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shashi Dhar Pandey,Ashutosh Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This Criminal Misc. Application under section 482 Cr.P.C. has been filed for quashing the order dated 14.1.2014, in criminal case no. 4 of 2014, (case crime no. 224 of 2008) under Sections 323, 506 I.P.C. P.S. Hadauganj, District Aligarh pending in the court of A.C.J.M. Court No.8 Aligarh.

Learned counsel for the applicant contended that since there was some dispute in between the parties, hence on the basis of false allegation the present complaint has been filed in which final report was submitted. On protest petition directions for further investigation and again final report was submitted in which protest petition was filed. The applicants were not summoned u/s 377/511 I.P.C. it was found that no such incident took place. The Magistrate has committed error and without application of mind summoned the applicant.

Considered the submissions of learned counsel for the parties. From perusal of the complaint, it cannot be said at this stage that no offence is made out. The disputed question of facts are required to be examined by the court concerned at appropriate stage in accordance with law if the objection is raised by the applicants. Hence, no interference is required at this initial stage u/s 482 Cr.P.C.

Without expressing any opinion on merit, in view of the facts, if the applicant appears before the court concerned within four weeks and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then applicant may be released on interim bail till disposal of the bail application.

With these observations, present application filed under section 482 Cr.P.C. is finally disposed off.

Order Date :- 8.7.2014

AHN