Court No. - 4
Case :- APPLICATION U/S 482 No. - 14172 of 2018 Applicant :- Bhoora And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Complaint No. 1441 of 2017 (Farana vs. Bhoora and others), under Sections 354, 506 IPC, P.S. Jansath, District Muzaffarnagar, pending in the court of Addl. Chief Judicial Magistrate, Court No. 1, Muzaffarnagar.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case on account of matrimonial dispute.
From the perusal of the record, it transpires that an application u/s 156 (3) Cr.P.C. was filed by opposite party no. 2, in which specific allegation has been made regarding molestation by the applicants. The said application has been treated as a complaint. Learned Magistrate recorded the statements of complainant and witnesses u/s 200 and 202 Cr.P.C. and has summoned the applicants for facing trial under Section 354 and 506 IPC vide order dated 30.1.2018. From the perusal of order dated 30.1.2018, prima-facie case is clearly made out against the applicants, as such there is no purpose to interfere in the order of summoning passed by the learned Magistrate.
The prayer for quashing the proceedings of the aforementioned case 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 settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
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 them. 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, this application is finally disposed of.
Order Date :- 25.4.2018 KU