Court No. - 73
Case :- APPLICATION U/S 482 No. - 27439 of 2019 Applicant :- Jamaluddin And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 16.05.2019 in Complaint Case No. 190 of 2019 (Ilhak Vs. Jamaluddin and others), under Sections 384, 504 IPC, Police Station Rasoolpur, District - Firozabad pending in the court of Additional Chief Judicial Magistrate, Firozabad. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicants that entire allegation levelled against the applicants are false. Applicants have made a complaint against opposite party no. 2 regarding running of Aara machine (sawmill). Opposite party no. 2 and his family members have also beaten the applicants. No such incident ever took place as alleged in the complaint. The impugned order suffers from illegality and infirmity.
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 thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 25.7.2019 Ujjawal