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2014 DIGILAW 1838 (ALL)

Shakeel Ahmad v. State of U. P.

2014-06-09

RAJAN ROY

body2014
JUDGMENT Hon'ble Rajan Roy, J. Heard learned counsel for the applicants and learned Additional Government Advocate. 2. By means of this application, the applicants have prayed for quashing the summoning order dated 07.08.2013 passed by Additional Chief Judicial Magistrate, Court No.5, Hardoi in Complaint No.17/2013, Apnesh Kumar Vs. Shakeel Ahmad and another under Sections 392, I.P.C. of Police Station Sandi, District Hardoi and the proceedings of the aforesaid case. 3. Learned counsel for the applicants contends that they had purchased a plot of land from the respondent No.2 by means of a sale deed duly executed, however the respondent No.2 was not handing over possession of the same, therefore, an application under Section 156(3), Cr.P.C. was filed by the applicant No.1. The complaint in question was filed by the respondent No.2 as a counter blast. The applicants have been falsely implicated. 4. Learned A.G.A., on the other hand, submits that prima facie, the offence is made out under Section 392 , I.P.C. against the applicants. 5. Having heard learned counsel for the parties and perused the records, I am of the view that prima facie, offence is made out against the applicants, therefore, there is no valid ground for quashing the summoning order and the proceedings in question. 6. However, on overall consideration of the facts and circumstances of the case, the ends of justice would be met, if the applicants appear before the court concerned within 30 days from today and move an application for their bail. In the aforesaid eventuality, their bail application shall be considered and disposed of on merits, expeditiously in accordance with law laid down by this court in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and the pronouncement of the Supreme Court in Lal Kamlendra Pratap Singh Vs State of U.P., 2009 (3) ADJ 322 (SC). Till the aforesaid period of 30 days or till the disposal of the bail application, whichever is earlier, no coercive measure shall be taken against the applicants. 7. However, in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them. Subject to the above, the application is dismissed.