Court No. - 27
Case :- APPLICATION U/S 482 No. - 30836 of 2019 Applicant :- Arun Alias Kuldip And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Radhey Shyam Yadav, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the the entire proceeding as well as summoning order dated 28.3.2019 passed by Additional Chief Judicial Magistrate, Farrukhabad in Complaint Case No.856 of 2018 (Shikha vs. Arun @ Kuldip and others), under Sections 504, 506 I.P.C., Police Station Nawabganj, District Farrukhabad. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
Submission of learned counsel for the applicants is that the impugned complaint has been filed on 21.4.2018 as a counter blast to the complaint dated 16.2.2018 filed by the applicants against the opposite party no.2. Further from the version of the complaint as well as statement of witnesses, offence under the aforesaid sections is not made out against the applicants. Only general allegations have been levelled against the applicants.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 have 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.
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.
Hence, 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/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed off.
Order Date :- 22.8.2019 Ajeet