Court No. - 68
Case :- APPLICATION U/S 482 No. - 6851 of 2019 Applicant :- Manveer And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 17.1.2019 passed by Ist Additional Chief Judicial Magistrate, District Amroha in Complaint case no. 2243 of 2017 ( Kallu Vs. Manveer and others) arising out of case Crime no. 144 of 2016] under sections 323, 324, 506 IPC P.S. Saidnagali, District Amroha and also quash the entire criminal proceeding of of the aforementioned case pending in the court of Ist Additional Chief Judicial Magistrate, District Amroh.
Learned counsel for the applicants submits that initially the FIR was lodged by the opposite party no. 2 against the applicants under sections 452, 323, 504, 506 IPC. During the investigation the opposite party no. 2 has filed an affidavit that he has sustained injuries due to fallen down and in this case the I.O. has submitted the final report, thereafter the opposite party no. 2 has filed a protest petition which was treated as complaint and on the basis of the statements of the complainant and witnesses recorded under sections 200 and 202 Cr.P.C the applicants have been summoned to face the trial under sections 323, 324, 506 IPC. In fact no such incident has taken place. The applicants have not committed the alleged offence. False story has been concocted by the opposite party no.2.The impugned summoning order dated 17.1.2019 is not in accordance with law. No case is made out against the applicants. The present prosecution has been instituted only for the purpose of harassment.
On the other hand learned A.G.A argued that the applicants have been summoned to face the trial on the basis of statements of the complainant and witnesses recorded under section 200 and 202 Cr.P.C. In the statement of the complainant recorded under section 200 Cr.P.C it has come that the applicant have committed marpeet with the opposite party no. 2 and due to which he sustained injuries. Learned Magistrate has passed the impugned summoning order after considering the entire evidence available on record and finding a prima-facie case has summoned the applicants to face the trial . There is no illegality or infirmity in the impugned summoning order dated 17.1.2019 and there is no ground to quash the entire proceeding of the aforementioned case.
A perusal of the record shows that the applicants have been summoned to face the trial on the basis of statements of the complainant and witnesses recorded under section 200 and 202 Cr.P.C. The opposite party no. 2 is his statement recorded under section 200 Cr.P.C has stated that the applicants entered into his house and committed marpeet with him with lathi. In this this incident he has sustained injuries. Learned Magistrate has passed the impugned summoning order after considering the entire evidence available on record and finding a prima-facie case has summoned the applicants to face the trial. The Magistrate dealing with the 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the summoning order dated 17.1.2019 as well as entire proceeding of the aforementioned case. Therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of UP. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2019 A.