Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 5937 of 2019 Petitioner :- Jabbar And 2 Others Respondent :- Mausam Counsel for Petitioner :- Avadh Pratap Singh Shishodia Counsel for Respondent :- Shailesh Kumar Srivastava
Hon'ble Om Prakash-VII,J.
The present petition has been filed by the petitioners under Article 227 of the Constitution of India with the prayer to set aside the impugned order dated 16.7.2019 passed by the Sessions Judge, Baghpat in Criminal Revision No. 38 of 2019 as well as impugned summoning order dated 23.2.2019 passed by the Civil Judge (Senior Division)/Fast Track Court/Additional Chief Judicial Magistrate, Baghpat under Sections 323, 504, 506, 354-B, 452 IPC in Complaint Case No. 757 of 2018 (Mausam Vs. Jabbar and others). Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
It is submitted by the learned counsel for the petitioners 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 Sections is not made out against the petitioners. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA as well learned counsel for the opposite party no. 2 opposed the prayer.
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 petitioners. 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 petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.
Hence, it is directed that in case the petitioners 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 petitioners. It is made clear that no further time will be allowed to the petitioners for surrender before the court concerned.
With the above observations, the petition stands disposed of.
Order Date :- 26.8.2019 Sachdeva