Court No. - 3
Case :- APPLICATION U/S 482 No. - 17444 of 2019 Applicant :- Jagmohan Singh And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Anil Kumar Singh, Advocate holding brief of Shri Gaurav Pratap Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482, Cr.P.C. has been filed with the request to quash the entire criminal proceedings of Complaint Case no.763 of 2018 (Kamla Devi Vs. Jagmohan Singh and others), pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Auraiya in which the impugned order dated 10.12.2018 has been passed and the applicants have been summoned for the offence under Sections 147, 323, IPC.
It has been submitted by learned counsel for the applicants that an FIR was filed against the O.P. side and as a counter blast this complaint was initiated against the applicants.
learned A.G.A. has vehemently opposed the request for quashing the entire criminal proceedings.
It appears that after appreciating the evidence under Section 200 and 202, Cr.P.C. given from the side of complainant/opposite party, learned trial court finding prima facie case against the applicants for the offence under Sections 323, 147, IPC summoned them.
Even if the contention of the learned counsel for the applicants can be taken to be correct, there appears no ground at all for quashing the entire proceedings. On the basis of the evidence on record, as mentioned in the impugned order, the impugned order has been passed, therefore, no case is being made out for quashing of the entire complaint case.
This application is disposed of with the observation that if the applicants appear/surrender before the learned trial court and apply for bail within a month from the date of receipt of this order, the trial court shall dispose of their bail application according to law expeditiously and if possible on the same day.
Order Date :- 10.6.2019 T. Sinha