Court No. - 48
Case :- APPLICATION U/S 482 No. - 42774 of 2017
Applicant :- Vijay Karan Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vijay Singh Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of the order
dated 18.10.2017 passed by the J.M., Jalaun at Orai in Complaint Case No. 336 of 2014,
Vilayat Khan vs. Vijay Karan, under Section 420 I.P.C., P.S.- Gohan, District- Jalaun by
which the learned Magistrate has rejected discharge application moved by the applicant under
Section 239 of Cr.P.C. and bailable warrant has been issued against the applicant.
Heard applicant's counsel as well as learned A.G.A.
Entire record has been perused.
Counsel for the applicant has not been able to point out any such illegality or impropriety,
much less than any abuse of court's process which may persuade this Court to interfere in the
impugned order, which reflects judicial application of mind. The reasoning adopted by the
court below cannot be flawed or castigated on any valid ground. It has also been rightly noted
that after being summoned by the court discharge was sought under Section 239 of Cr.P.C.
even without getting himself bailed out and the court has adversely commented upon such
conduct of the accused and has deemed the same as one of the reasons for not favourably
deciding the applicant's prayer. It was also rightly observed that there was material available
on the record to justify the summoning of the accused and in view of the material available on
record and the other circumstances, the application moved on behalf of the applicant was
neither maintainable nor was there any valid ground to discharge him. This Court has no
ground to interfere in the impugned order. There is no element of perversity reflected in the
same and the impugned order does not call for any interference by this Court.
Therefore, the prayer seeking quashing of the impugned order is refused.
However, in the peculiar facts and circumstances of the case, it may be observed that in case
the accused may appear before the court below and apply for bail within two months from
today, the same shall be considered and decided expeditiously in accordance with law.
No coercive measures shall be taken or given effect to in the aforesaid period or till the date of
appearance of the accused in the court below, whichever is earlier.
It is further clarified that this order has been passed only with regard to the accused on behalf
of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 9.1.2018
Naresh
Neutral Citation No. - 2018:AHC:5148