Bholu vs State Of U P & Another

Court No. - 50

Case :- APPLICATION U/S 482 No. - 36951 of 2017 Applicant :- Bholu Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 1056 of 2014 under Sections 323, 506, 504 IPC, Police Station, Patwai, District - Rampur arising out of the order dated 29.6.2015 pending in the court of Additional Chief Judicial Magistrate, Rampur. Further prayer has been made to stay the further proceedings of the aforesaid case.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It appears that the applicant had earlier approached this Court through application u/s 482 Cr.P.C. No.6359 of 2015 in which a direction was given to the applicant to file discharge application under Section 245(2) Cr.P.C through counsel and the Court below was directed to hear the parties on the discharge application. In compliance of the said directions, concerned Magistrate heard the applicant through counsel and passed the order dated 29.6.2015 rejecting the discharge application. Against the said order, the present application has been filed.

I have gone through the entire record including the impugned order.

Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no illegality or infirmity in the said order. The concerned Magistrate while passing the impugned order has considered the entire evidence available on record. Further, the plea raised by the learned counsel for the applicants before this Court may be raised before the court concerned at appropriate stage. Hence, the prayer made in the application is refused.

However, it is observed that in case the applicant surrenders before the court below and applies for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicant.

It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.

With the aforesaid observations, the application stands disposed of.

Order Date :- 8.11.2017/safi