Court No. - 48
Case :- APPLICATION U/S 482 No. - 37431 of 2018 Applicant :- Ashok Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.,Rajesh Sharma
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 673 of 2018 (State of U.P. Vs. Ashok Kumar and others), under Sections 420, 467, 468, 471 IPC, Police Station Banna Devi, District - Aligarh pending in the court of Chief Judicial Magistrate, Aligarh. 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 vide order dated 12.03.2018, cognizance was taken on the charge-sheet, submitted in the matter by the concerned Magistrate. Allegation levelled against the applicants is that they prepare a forged will of husband of opposite party no. 2 and on that basis, they got mutation order also. It is further submitted that a civil suit is pending between the parties regarding the same subject of matter. Hence criminal prosecution cannot go-on. Thus, cognizance taken in the matter is illegal.
On the other hand, learned AGA opposed the prayer.
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 and also keeping in view the specific allegation levelled in the FIR against the applicants as well as statement recorded under Section 161 Cr.P.C., at this stage, it cannot be said that no prima facie case is made out against the applicants. A criminal prosecution can continue simultaneously with the civil proceedings. There is no bar under the law. Thus, cognizance taken in the matter cannot be termed to be illegal. 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 thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty 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 :- 29.1.2019 Sanjeet