Court No. - 48
Case :- APPLICATION U/S 482 No. - 2413 of 2019 Applicant :- Majnu And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kapil Kumar,Sandhya Singh 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 28.08.2018 in Complaint Case No. 1581 of 2017 (Hamida Khatoon Vs. Manju and others), under Sections 323, 452, 504, 506 IPC, Police Station Indrapuram, District - Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Ghaziabad. 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 one FIR had already been lodged by the relative of the opposite party no. 2 against applicant no. 2, in which applicants have obtained bail. Present complaint is also based on same set of facts. Concerned Magistrate while passing the summoning order did not take into account this fact and without applying judicial mind passed the order.
On the other hand, learned AGA has opposed the prayer.
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 offence took place within the territorial jurisdiction of the Sessions Division of District Ghaziabad, therefore complaint was well maintenable before the court concerned. Thus summoning order passed in the matter cannot be termed to be illegal. A prima facie case is made out. The court dealing with the matter has to see only a prima facie case. From the perusal of entire evidence it cannot be said that no prima facie case is made out.
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 :- 21.1.2019 Sanjeet