SURENDRA SINGH, J. - (1.) THE appli­cants by filing present application under section 482, Cr.P.C., have sought to quash impugned orders dated 5.5.2009 and 8.8.2009 passed by Additional Chief Judi­cial Magistrate, Court No.1, Moradabad in Case No. 1715/IX of 2007 (Smt. Zaibun Nisha v. Smt. Shagufta Begum and others) under sections 147, 148, 392, 504, 506 and 436, I.P.C., pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Moradabad. The background facts of the case in a nutshell are as follows;
(2.) THE case was registered at Police Sta­tion Kanth, District Moradabad under sec­tions 147, 148, 392. 504, 506 and 436, I.P.C. vide Case Crime No. 460 of 2007 on 5.7.2007 in respect of the incident alleged to have taken place on 23.5.2007 by the opposite party No. 2 through an application under section 156(3), Cr.P.C. In consequence thereof, the investigation culminated into filing of final report on 9.7.2007. The op­posite party No. 2 filed her protest petition along with her affidavit on 20.8.2007. Learned Magistrate after taking into con­sideration of the said protest petition and affidavit filed by the opposite party No. 2 directed the same to be treated as com­plaint and thus proceeded as complaint case. Respondent No. 2 got herself exam­ined under section 200, Cr.P.C, while Jamaluddin, Raseed, Mohd. Sajid and Smt. Mahmooda Begum were examined under section 202, Cr.P.C. in support of the alle­gations made in the complaint. Resultantly, the applicants were summoned vide order ated 8.8.2008 in exercise of the power con­ferred under section 204, Cr.P.C. in the aforesaid sections. Being aggrieved, the applicants have preferred Criminal Misc. Application under section 482, Cr.P.C. which was numbered as 2427 of 2008 (Smt. Shagufta Begum and others v. State of U.P. and another) before this Court. The matter came up before another Bench of this Court and vide order dated 5.2.2009 the application was disposed of finally with the following observations; "From the perusal of the 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 relate to the disputed question of fact, which cannot be adjudicated upon by this Court under section 482, Cr.P.C. Resultantly, the prayer for quashing the proceeding of com­plaint case and summoning order was refused. It was further di­rected that the applicants have got right of discharge under section 245, Cr.P.C. through a proper ap­plication for the said purpose and they were free to take all the sub­missions in the said discharge ap­plication before the Trial Court. In the event such an application was filed within one month from the date of that order, the Trial Court was directed to consider and dis­pose it off within a period of two months from the date of its filing.
(3.) IT was further provided that if the ap­plicants appeared and surrendered before the Court below within 30 days from the date of order and applied for bail, then their prayer for bail should be considered in view of the settled law laid by this Court in the case of Amrawati and another v. State of U.P., 2004 (50) ACC 742 (FB) = 2004 (23) AIC 1 = 2004 (57) ALR 290 after hear­ing Public Prosecutor. For a period of 30 days from said date or till the disposal of the application for grant of bail whichever was earlier, no coercive action should be taken against the applicants. However in case the applicants did not appear before the Court below within the aforesaid period, coercive action should be taken against them." 2. The applicants in view of the ob­servations made by this Court moved an application dated 4.3.2009 for discharge through their pleader before the learned Magistrate who after hearing Counsels for both the parties and having considered the material facts and circumstances of the case dismissed the same by order dated 5.5.2009, hence aggrieved by the said order the applicants have preferred for second journey to this Court. Heard learned Counsel for the appli­cants and learned A.G.A. and perused the material placed on record.;