Court No. - 73
Case :- APPLICATION U/S 482 No. - 27169 of 2019 Applicant :- Ajay@Lillu And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sandeep Tripathi,Atul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 27.11.2018 passed by Learned Civil Judge (Sr. Div.) / Learned Sessions Judge, Saharanpur and entire proceeding of Complaint Case No. 897 of 2018 (Mahender Vs. Ajay @ Leelu and another), under Sections 307, 323, 325, 504, 506 IPC, Police Station Gangoh, District - Saharanpur pending in the court of Civil Judge (Sr. Div.) F.T.C. / Additional Chief Judicial Magistrate, Saharanpur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicants that summoning order passed in the matter is illegal. Revisional court has also dismissed the revision on insufficient ground. No prima facie case is made out. Present complaint was filed in counter-blast with mala fide intention. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
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 applicants. 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.
With the above observations, the application stands disposed of. Order Date :- 30.7.2019 Sanjeet