Court No. - 73
Case :- APPLICATION U/S 482 No. - 25262 of 2019 Applicant :- Jakir And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.,Kamalendra Kumar Maurya
Hon'ble Om Prakash-VII,J.
Vakalatnama today filed by Sri Kamlendra Kumar Maurya, learned Advocate on behalf of the opposite party no. 2 is taken on record.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 367 of 2018, under Section 392 IPC, Police Station Jaithara, District Etah arising out of summoning order dated 10.5.2019 pending in the court of Special Judge (D.A.A. Act), Etah. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and the learned AGA appearing for the State.
Submission of the learned counsel for the applicants is that initially one FIR was lodged in the matter and after investigation final report was submitted. Thereafter protest petition was filed and it was treated as complaint. It is also argued that summoning order was passed in the matter on the basis of evidence collected on the complaint. Further submission of learned counsel for the applicants is that FIR was lodged belatedly. No plausible explanation has been given. No such incident ever took place and due to that reason Investigating Officer submitted final report. No prima facie case is made out.
On the other hand, learned AGA and learned counsel for the opposite party no. 2 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 :- 30.7.2019 Sachdeva