Court No. - 27
Case :- APPLICATION U/S 482 No. - 30902 of 2019 Applicant :- Devendra Singh Tomar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 6741 of 2017 arising out of Case No. 2301 of 2017, under Sections 420, 323, 504, 506 I.P.C., Police Station Ganga Nagar, District Meerut pending in the Court of Additional Chief Judicial Magistrate, Court No.9, Meerut. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
Learned counsel for the applicant submitted that the impugned complaint has been filed by the opposite party no. 2 against the applicant containing absolutely false and frivolous allegation with the ulterior intention of harassing him. He has submitted that no one has sustained any injury therefore it is a case of no injury. Only general allegations have been made in the complaint and not a single evidence is available regarding the fact that any incident took place as stated in the complaint moved by the opposite party no.2. He has also submitted that the statements of witnesses recorded under Section 200 and 202 Cr.P.C. are contradictory. The impugned order suffers from illegality and infirmity, the same is liable to be quashed.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 have 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.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.
It is made clear that no further time shall be allowed to the applicant for surrendering before the Court concerned.
With the above observations, the application stands disposed off.
Order Date :- 22.8.2019 Ashok Gupta