Bhagwat Barun And Another vs State Of U.P. And Another
2014 Latest Caselaw 2172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 20029 of 2014
 

 
Applicant :- Bhagwat Barun And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjeev Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This  application under Section 482, Cr.P.C. has been filed for quashing the  order dated 29.4.2014 passed by  Chief Judicial Magistrate, Maharajganj  in Complaint Case No. 971 of 2013 under Section 409 IPC, police station Farenda, district Maharajganj, whereby the discharge application of the applicants has been rejected.

Learned counsel for the applicants contends that   no offence under the charged sections has been made out against the applicants and the applicants have been falsely implicated in the present case due to ulterior motive, therefore, passing of the order impugned, dismissing the discharge application of the  applicants cannot be sustained in law.

After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the order impugned as well as the averments contained in the present application, this Court is of the opinion that learned counsel for the applicants could not point any good ground which may warrant interference by this Court in exercise of power conferred under Section 482 Cr.P.C. for quashing the order impugned.

Accordingly, the prayer for quashing the order dated 29.4.2014 is refused.

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 29.5.2014

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