Court No. - 48
Case :- APPLICATION U/S 482 No. - 2393 of 2019 Applicant :- Dara Khan And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
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 complaint case no. 760 of 2017 under Section 376-D IPC, Police Station, Tanda, District - Rampur arising out of summoning order dated 5.1.2018 pending in the court of Chief Judicial Magistrate, Rampur. 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 the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Section is not made out against the applicants. It is improbable and unbelievable that close relative would commit such type of offence. Referring to the documents annexed with the application it is also submitted that a civil dispute is pending between the parties and only with a view to create pressure upon the applicants, present complaint has been filed by the opposite party no.2 on false facts It is next contended that complaint case is not supported with medical evidence. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statement recorded under Section 200 Cr.P.C. of the victim and also the statement recorded under Section 202 Cr.P.C. of her sons, namely, Javed Alam and Azad Husain. 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 from the material available on record it cannot be said that no prima-facie case is made out against the applicants. Further, to adjudicate/ decide the pleas raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused. The application being devoid of merits is liable to be dismissed and the same is accordingly dismissed.
Order Date :- 21.1.2019 safi