Court No. - 32
Case :- APPLICATION U/S 482 No. - 22283 of 2019 Applicant :- Laxman And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Shrikant Srivastava,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the proceeding of Complaint Case No. 2145 of 2009 (Rajkumar Vs. Laxman and others) pending before Addl..Chief Judicial Magistrate, Court No. 3, Muzaffarnagar, under Section 323, 354-Kha I.P.C., Police Station Bhopa, District Muzaffarnagar. The applicant has also prayed for quashing of the summoning order dated 01.02.2019.
The complaint proceeding as well as the summoning order has been challenged on the ground that the allegations are false and mala fide and made with a view to harass the applicants.
From a perusal of the complaint and the statements made in support thereof, it cannot be said that prima facie case to proceed against the applicants is not made out. It is well settled that at this stage the correctness or truthfulness of the allegations are not to be considered. What is to be seen is whether on acceptance of the allegations at the given face value a prima facie case to proceed against the accused has been made out or not. As the allegations made, which have been supported by the statement recorded under Sections 200 and 202 Cr.P.C., do make out a prima facie case, the prayer to quash the proceeding as well as the summoning order cannot be accepted. The prayer made to that extent is refused.
However, considering the facts of the case, without expressing any opinion on merits, it is hereby provided that if the applicants appear/surrender before the court concerned and apply for bail, within a period of six weeks from today, their bail application shall be considered in accordance with law laid down in the case of Amrawati and another Vs. State of U.P.: 2004 (57) ALR 290, decided by a Full Bench of this Court, which has been approved by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.: 2009 (3) ADJ 322 (SC).
It is also provided that no prayer for extension of the period provided herein above to surrender before the court concerned will be entertained.
With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 4.6.2019 M.A.Ansari