Court No. - 27
Case :- APPLICATION U/S 482 No. - 31575 of 2019 Applicant :- Dileep And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash entire proceeding of Complaint Case No. 4523 of 2016, (Rakesh Kesharwani Vs Ganeshilal and others) under Sections 323, 504, 506, 427, 354 IPC, P.S. Nawabganj, District Allahabad pending in the court of ACJM, Court No. 7, Allahabad as well as summoning order dated 27.9.2017. 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/opposite party no. 2 and his brothers are accused in a case filed by father of applicants, wherein they have been summoned to face the trial under Section 392 IPC by the court below and due to the said enmity, present proceedings have been launched against the applicant by the complainant in a counter blast on the basis of false facts and also on the basis of malice.
On the other hand, learned AGA has submitted that applicants have 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 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 off.
Order Date :- 22.8.2019 RavindraKSingh