Court No. - 48
Case :- APPLICATION U/S 482 No. - 11805 of 2017 Applicant :- Diwakar Vikram Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed praying to quash the entire proceedings of the Complaint Case No.1289 of 2016 (Nagendra Singh Vs. Diwakar Vikram Singh and others) under Section 323,379 I.P.C., Police Station Shyamdeurawa, District Maharajganj and the summoning order dated 21.02.2017 passed by the learned Chief Judicial Magistrate, Maharajganj.
It is submitted by the learned counsel for the applicants that the complaint was filed on the basis of false allegations and malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that the 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. At this stage, the Magistrate, dealing with complaint, has to see only prima-facie case. On facts of the present case, 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.
However, it is observed that in case the applicants 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, or till disposal of the bail application, whichever is earlier, 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 :- 19.4.2017 V Kumar