Court No. - 73
Case :- APPLICATION U/S 482 No. - 30409 of 2019 Applicant :- Abdul Haq Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Kumar Upadhyay Counsel for Opposite Party :- G.A.,Amit Kumar Singh
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 criminal case no.90 of 2018 under Sections 419, 420, 465, 466, 467, 468 & 471 IPC, Police Station Khalilabad, District - Sant Kabir Nagar pending in the Court of Judicial Magistrate, Sant Kabir Nagar as well as summoning order dated 26.6.2019 passed by the court concerned. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned counsel for the opposite party no.2 as well as the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that offences levelled against the applicant are not attracted. Summoning order passed in the matter is illegal. Mutation order said to have been passed on 21.9.1987 was recalled. Thereafter, one application was moved by the applicant and again effect and operation of the order recalling the mutation order has been stayed vide order dated 29.7.2017. It is further submitted that the dispute between the parties is purely a civil nature dispute. Efficacious remedy is available to the opposite party no.2 in the civil proceedings. Continuation of the criminal proceedings is an abuse of process of law.
On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 have submitted that a prima facie case is made out against the applicant. A forged document was produced before the competent authority for mutation of the name of applicant during life time of Mohd. Sohrab itself showing him as dead. At this stage, learned counsel for the opposite party no.2 has referred to the allegations levelled in the complaint and observation recorded by the Magistrate concerned in the summoning order and argued that all the ingredients of the aforesaid offence are available against the applicant.
Having regard to the facts and circumstances of the case, after perusing the entire record 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. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 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 for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 26.8.2019 ss