Court No. - 73
Case :- APPLICATION U/S 482 No. - 37112 of 2016 Applicant :- Anil Kumar And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
A perusal of the report submitted by the Mediation and Conciliation Centre of this Court shows that the amount directed to be deposited by the applicants has not been deposited and for the said reason, mediation in the matter could not be started.
At this stage, learned counsel for the applicants prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicants.
The present application under Section 482 Cr.P.C. was filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 4191 of 2014 under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District - Agra pending in the Court of Addl. Chief Judicial Magistrate, Court No.5, Agra as well as summoning order dated 18.5.2016 passed by the court concerned. Further prayer was made to stay the further proceedings of the aforesaid case.
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.
Interim order, granted earlier, stands vacated.
However, it is directed that in case the applicants surrender before the court below and apply 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 applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 22.8.2019 ss