Allahabad High Court
Gaushul Hasan And Others vs State Of U.P. & Another on 6 July, 2017
Bench: Raghvendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- APPLICATION U/S 482 No. - 25385 of 2010
Applicant :- Gaushul Hasan And Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Shyam Sunder Mishra
Counsel for Opposite Party :- Govt. Advocate,Kaleem Uddin
Hon'ble Raghvendra Kumar,J.
List revised.
Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.
None is present on behalf of Opposite Party No.2.
Applicant Gaushul Hasan, Kaniz Fatma, Azajul Hasan, Niyajul Hasan have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the summoning order dated 08.07.2010 passed in Complainant Case No.4027 of 2010, (Mohd. Firoz versus Sharif and others) for the offences under sections 323, 452, 504, 392, 506 I.P.C. Police Station- Sultanpur Ghosh, District-Fatehpur, pending before the Court of Additional Chief Judicial Magistrate Court No.11, Fatehpur or to stay further proceedings of the case.
Learned counsel for the applicant submits that this is a counter blast to the FIR lodged by daughter of applicant No.2 for matrimonial dispute against the O.P.No.2 and others.
Learned A.G.A. submitted that of the allegation can be tested on the touchstone of the evidence.
After arguing at some length the learned counsel for the applicant confines his prayer for issuance of appropriate direction for bail at this stage. Learned counsel also prays for liberty to the applicants for raising all the pleas, which have been raised in this petition while moving discharge application before the Court below.
I have very carefully examined the submissions advanced by the learned counsel for the applicant and gone through the record. The prayer sought for in this petition is hereby refused.
Without expressing any opinion the merits of the case, this petition u/s 482 Cr. P. C. is disposed of with a direction that in case the applicants move surrender and bail application before the Courts below within a period of six weeks from today, the same shall be considered and decided expeditiously by the learned Court below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time, if possible, on the same day. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.
While considering the bail application of applicant No.2 the Courts below shall bear in mind the special protection granted to the female under section 437 Cr.P.C.
Applicants shall be at liberty to move discharge application before the trial Court taking all the pleas which have been raised in this petition under Section 482 Cr.P.C. if it is so advised.
Order Date :- 6.7.2017
Swati
