Court No. - 48
Case :- APPLICATION U/S 482 No. - 2235 of 2019 Applicant :- Jagadamba Prasad And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar,Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings relating to complaint case no. 2249 of 2017 (Smt. Jayanti Devi Vs. Jagdamba Prasad and others), under Sections 452, 323, 504, 506 IPC, Police Station Handia, district Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicants.
Submission of the learned counsel for the applicants is that complaint proceedings was started on the basis of order passed on the application under Section 156 (3) Cr.P.C. treating the application as complaint case. Present complaint was started in counter blast only to create pressure upon the applicants showing the same date of offence by the opposite party no.
2. No such incident took place, as alleged in the complaint.
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 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.
With the above observations, the application stands disposed of.
Order Date :- 21.1.2019/Sachdeva