Court No. - 50 Case :- CRIMINAL REVISION No. - 3184 of 2010 Petitioner :- Rafique Ahmad & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Gaurav Kakkar Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Sri Irfan chaudhary filed a memo of appearance on behalf of complainant/
opp. party no.2 which is taken on record.
Affidavit filed on behalf of revisionists is also taken on record.
Heard learned counsel for the revisionists, learned counsel for the
complainant as well as learned AGA for the State.
This revision has been preferred against the order dated 27.7.2010 passed by
1st ACJM, Saharanpur in case no. 913 of 2010, under section 323, 504, 452,
506 IPC and 3 (1) (X) SC/ST Act, P.S. Kotwali Dehat, District Saharanpur,
whereby the discharge application moved on behalf of the revisionists was
rejected.
Learned counsel for the revisionists submits that offence under section 452
IPC is not made out as the incident took place out side of the house.
A perusal of the FIR disclosed that later part of incident took place inside of
the house, therefore, the impugned order rejecting the application for
discharge cannot be interfered with. Learned counsel further submits that
revisionists have been falsely implication in the case and the FIR was lodged
after more than three months after the incident, therefore, some interim
protection be provided.
The revision is disposed of with a direction that if the revisionists surrender
before the Magistrate concerned within a period of three weeks from today
and apply for bail their application for bail be considered by the courts below
on the same day keeping in view of the Full Bench decision of this Court in
the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 as
affirmed by Hon’ble Apex Court in Lal Kamlendra Pratap Singh Vs. State
of U.P. 2009 (3) ADJ 322 (SC).
Order Date :- 12.8.2010
Gss