Court No. - 48
Case :- APPLICATION U/S 482 No. - 47320 of 2018 Applicant :- Chet Narayan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Anuj Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Learned counsel for the applicant is permitted to make correction in the prayer of the memo of application.
This application under Section 482 Cr.P.C. has been filed with the prayer for quashing the summoning order dated 27.11.2018 passed by the VIIIth Additional Sessions Judge/Special Judge (POCSO), Varanasi in complaint case no. 12 of 2017, under Sections 323, 376, 504, 506 IPC and Section 3/4 Protection of Children from Sexual Offences Act. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned A.G.A.
Submission of the learned counsel for the applicant is that the complaint has been falsely filed. One civil suit is also pending between the parties. Present complaint is filed on the basis of false facts only to create pressure upon the applicant. No such incident ever took place.
On the other hand, learned AGA has submitted that applicant has 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 applicant. 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.
The application is dismissed.
Order Date :- 22.1.2019 Sachdeva