Allahabad High Court
Omveer And 3 Others vs State Of U.P. And Another on 20 January, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 27126 of 2022
Applicant :- Omveer And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Aishwarya Pratap Singh
Counsel for Opposite Party :- G.A.,Rajeev Sharma
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Aishwarya Pratap Singh, learned counsel for the applicants, learned A.G.A. for the State, Mr. Rajeev Sharma, learned counsel for the complainant and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the order dated 26.7.2022 and consequential non bailable warrants issued by learned Judicial Magistrate, Iglash, Aligarh of Case No.1616 of 2019 arising out of Case Crime No.0121 of 2019, under Sections 452, 323, 354(b), 504, 506 IPC, Police Station Gonda, District Aligarh.
Submission of learned counsel for the applicants is that the charge sheet has been submitted against the applicants, which was challenged by the applicants by filing Application u/s 482 No.29771 of 2021 and a co-ordinate Bench of this Court vide order dated 06.04.2022 while disposing of the matter by refusing to grant the prayer has observed that the applicants have got right of discharge under Sections 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose they are free to take all the submissions in the said discharge application before the trial court. Further submission is that in pursuance of the order dated 6.4.2022, the applicants have moved discharge application, which was rejected vide order dated 26.7.2022, which is illegal perverse and arbitrary and the same may be quashed. The learned Magistrate utterly failed to appreciate the fact that the impugned proceedings are purely an outcome of personal vengeance, which has been casted upon the complainant. The impugned proceeding are nothing but an abuse of process of law, hence, the same may be quashed. He also pointed out certain documents in support of his contention.
Learned AGA as well as Mr. Rajeev Sharma, learned counsel for the complainant have opposed the prayer and have submitted that till date, the applicant has not filed bail application. The court below has rightly rejected the discharge application filed by the applicants. There is no illegally or infirmity in the order, hence, require no interference by this Court.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the court below has rightly passed the impugned order. No ground for quashing the impugned order is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
The application lacks merit and is, accordingly, dismissed.
After passing this order, learned counsel for the applicants submitted that a directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
Order Date :- 20.1.2023
Ajeet
