Court No. - 71
Case :- APPLICATION U/S 482 No. - 12472 of 2019
Applicant :- Babu Ram And 7 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Learned counsel for the applicant is permitted to correct the prayer. Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Case No. 07 of 2014, under Sections 323, 504, 506, 427 I.P.C. and Section 3(1)10 SC/ST Act, P.S. Dauki, district-Agra as well as the summoning order dated 13.1.2017 passed in the aforesaid case.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case as well as the order dated 13.1.2017 and has submitted that the same do not suffer from any illegality or infirmity.
Considered the submissions advanced by learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.
In view of the above, no ground for quashing the proceedings of the aforesaid case as well as the order dated 13.1.2017, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
The prayer for quashing the proceedings of the aforementioned case and the aforesaid summoning order is refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the present 482 Cr.P.C. application stands disposed of.
Order Date :- 8.4.2019 Faridul