Allahabad High Court
Deep Chand And Anr. vs State Of U.P. And Another on 20 November, 2014
Bench: Akhtar Husain Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
Case :- APPLICATION U/S 482 No. - 47103 of 2014
Applicant :- Deep Chand And Anr.
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Alakshyendra Goyal
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Akhtar Husain Khan,J.
Heard learned counsel for the applicants as well as learned A.G.A. for State of U.P. and perused application moved under section 482 Cr.P.C.
By filing this application under section 482 Cr.P.C. applicants have prayed to quash charge sheet as well as further entire proceeding of Criminal Case No.489 of 2013 , under sections 452, 323, 325, 335, 504, 506, 427 I.P.C., Police Station Bahariya, District Allahabad pending in the court of Judicial Magistrate, 4th, Allahabad.
Learned counsel for applicants contended that applicants are innocent and have been falsely implicated with malafide intention.
I have considered the submissions made by learned counsel for applicants.
Accused applicants are named in F.I.R. and charge sheet has been submitted against them by police after investigation whereupon Magistrate has taken cognizance.
Under section 239 Cr.P.C. Magistrate is competent to consider as to whether any offence is made out against accused applicants or not. If Magistrate finds that no offence is made out against accused applicants on the basis of evidence collected by Investigating Officer, Magistrate may discharge accused applicants under section 239 Cr.P.C.
In view of above, I am of the view that no interference is justified under section 482 Cr.P.C.
At this stage, learned counsel for applicants prayed that a direction should be made for expeditious disposal of bail application in view of principles laid down by Seven Judges Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
A direction for expeditious disposal of bail application in view of principles laid down by this Court as well as by Apex Court in aforesaid pronouncements appears just.
In view of above, it is directed that if the applicants appear before Magistrate within one month from today and move bail application, Magistrate shall dispose of their bail application expeditiously in view of principles laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till expiry of one month, no coercive measure shall be taken against the applicants.
With above direction application is finally disposed off.
Order Date :- 20.11.2014
RU
