Court No. - 80
Case :- APPLICATION U/S 482 No. - 275 of 2021 Applicant :- Afsar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the impugned summoning order dated 16.07.2019 passed by Civil Judge (Junior Division)/Judicial Magistrate, City, Farrukhabad in Complaint Case No. 281 of 2018 (Naseem Das Vs. Afsar and others) whereby the applicant nos. 2, 3 and 4 have been summoned under Sections 323, 504 of IPC and applicant no.1 under Section 323, 504, 406 of IPC, Police Station Mau Darwaza, District Farrukhabad as well as the order dated 17.11.2020 passed by Sessions Judge, Farrukhabad in Criminal Revision No. 28 of 2020 (Smt. Meena and others Vs. State of U.P. and another).
It has been argued by learned counsel for applicants that the impugned complaint has been filed making false and baseless allegations and that in alleged incident no one has sustained any injury. There are contradiction between statement of complainant recorded under Section 200 Cr.P.C. and of witnesses recorded under Section 202 Cr.P.C. It was submitted that the summoning order dated 16.07.2019 as well as order of revisional Court have been passed without considering the matter in correct perspective and thus, the impugned orders are not sustainable. It was further submitted that no prima facie case is made out against applicants and the impugned proceedings are liable to be quashed. Alternatively it was prayed that applicants may be granted an opportunity seeking discharge from the court below.
Learned A.G.A. has opposed the application and argued that in view of the allegations made in the complaint and material collected during investigation, it cannot be said that no prima facie, case is made out against the applicants.
The submissions made by learned counsel for applicants relate to disputed questions of fact. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
The prayer, as made above, is hereby refused.
However, it is directed that in case, applicants move an appropriate application for discharge before the court below within a period of one month from today, the same shall be considered and decided by the court below expeditiously, preferably within a period of two months thereafter, in accordance with law.
For a period of one month from today and in case, the application for discharge is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 13.1.2021 Mohit