Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 7104 of 2019 Petitioner :- Mahesh Prasad And 2 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Manu Sharma,Dinesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
The present petition under Article 227 of the Constitution of India has been filed by the petitioners with the prayer to quash the entire proceedings of complaint case no. 1667 of 2015 under Sections 147, 323, 504, 506, 379, 452 IPC, Police Station Kotwali, District - Maharajganj pending in the Court of Judicial Magistrate, Maharajganj as well as order dated 5.2.2019 passed by the Judicial Magistrate, Maharajganj and order dated 5.9.2019 passed by the Session Judge, Maharajganj in criminal revision no. 23 of 2019.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
It is submitted by the learned counsel for the petitioners that the summoning order passed in the matter is illegal and the same has been passed without applying judicial mind. Daughter of the opposite party no.2 had instituted a criminal complaint which was dismissed in default. Thereafter, on the basis of same set of facts, another complaint was filed. Present complaint is also related to the same date of offence. Referring to the aforesaid facts, it is further argued that the petitioners are being harassed due to false filing of the complaint on behalf of the opposite party no.2 and her daughter. Offence under section 379 IPC is not attracted in this matter. The Magistrate concerned while passing the summoning order did not take into account the essential ingredients of the offence under section 379 IPC. Revision filed by the petitioners was also dismissed on insufficient grounds. Impugned orders suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that petitioners have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned orders do 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 petitioners. 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 petition is refused.
At this stage, learned counsel for the petitioners 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 petitioners 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 against the petitioners .
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 petition stands disposed of.
Order Date :- 27.9.2019 / ss