Court No. - 27
Case :- APPLICATION U/S 482 No. - 31564 of 2019 Applicant :- Himesh Alias Shubham And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Narendra Deo Shukla,Sanjay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Complaint Case No. 1299 of 2018 (Dharmendra Pandey vs. Umesh Chandra Pandey & others), under Sections 323, 452, 504, 427 I.P.C., Police Station Kachhawa, District Mirzapur as well as to quash the summoning order dated 06.04.2019 passed by Judicial Magistrate, Mirzapur. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
Learned counsel for the applicants submitted that the impugned complaint has been filed by the opposite party no. 2 against the applicants containing absolutely false and frivolous allegation with the ulterior intention of harassing them. He further submitted that it is alleged in the complaint that the opposite party no. 2 was beaten by the applicants with fists and kicks and his domestic stuffs were also destroyed by them. He further submitted that medical examination of the opposite party no.2 has taken place after 10 days of the alleged incident and prosecution has not given any explanation for causing delay of more than 10 days which goes to falsify the entire prosecution case. 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 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 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 applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
It is made clear that no further time shall be allowed to the applicants for surrendering before the Court concerned.
With the above observations, the application stands disposed off.
Order Date :- 22.8.2019 Ashok Gupta