Court No. - 73
Case :- APPLICATION U/S 482 No. - 25551 of 2019 Applicant :- Dablu Yadav @ Bablu Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh,Abhishek Kumar Jaiswal,Amit Daga Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey
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 setting aside the summoning order dated 25.05.2019 passed by the Chief Judicial Magistrate-Ist, Bhadohi-Gyanpur in Complaint Case No. 247 of 2018 (Alka Jaiwal Vs. Dablu Yadav @ Bablu Yadav and others), under Sections 147, 148, 149, 323, 324, 325, 427, 452, 504, 506 IPC, pending in the court of Chief Judicial Magistrate- Ist, Bhadohi-Gyanpur. 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 one FIR was lodged on behalf of applicants regarding the offence under Sections 147, 148, 149, 307/34, 504, 286 IPC and Section 7 Criminal Law Amendment Act said to have been committed on 17.12.2016. Later-on injured died and case was converted into the offence under Section 302 IPC. Person belonging to the opposite party no. 2 are facing trial in that case. Present complaint was filed in counter blast with mala fide intention showing the same date of offence. Version of the complaint is also not supported by medical evidence. It is further submitted that one FIR had already been lodged on part of the opposite party no. 2, which was investigated and final report was submitted twice. Complainant moved an application in form of protest petition to the effect that she does not want to proceed with FIR and final report be accepted. Referring to these facts, it is further submitted that continuation of the proceeding of the complaint case is the abuse of process of law. Referring to the summoning order, learned counsel for the applicants also submitted that one dead person namely Collector Yadav was also summoned through the impugned order. This facts itself shows the non application of judicial mind while passing the summoning order. At this juncture, learned counsel for the applicants also referred to the complaint as well as the evidence collected there-on and argued that no prima facie case is made out. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 submitted that complaint was not barred. Since it is a cross version, summoning order passed in the matter cannot be termed to be illegal. The impugned order does not suffer from 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 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 :- 30.7.2019 Sanjeet