Court No. - 73
Case :- APPLICATION U/S 482 No. - 27655 of 2019 Applicant :- Mithilesh Singh And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri D.M. Tripathi, Advocate on behalf of opposite party no. 2 is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 20.05.2019 passed by Judicial Magistrate, Kaushambi as well as entire proceeding of Complaint Case No. 617 of 2016 (Bedu Singh Vs. Mithlesh and others), under Sections 147, 148, 323, 325, 504, 506, 452 IPC, Police Station Paschim Sharira, District - Kaushambi arising out of Case Crime No. 416 of 2014 pending in the court of Judicial Magistrate, Kaushambi. 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 initially NCR and FIR were lodged by applicant no. 1 regarding the offence said to have been committed on 11.09.2014. Matter was investigated and charge sheet was submitted. Present application under Section 156(3) Cr.P.C. was moved on the basis of false facts in counterblast with mala-fide intention after a gap of about one month. It is further submitted that matter was investigated and final report was submitted by the Investigating Officer. Thereafter, protest petition was filed, which was treated as complaint. Statement under Sections 200 & 202 Cr.P.C. were also recorded. Summoning order was passed against the applicants. It is further submitted that no such incident as alleged in the application under Section 156(3) Cr.P.C. and in the statement recorded under Sections 200 & 202 Cr.P.C. ever took place. Present complaint is simply started in counterblast to the FIR lodged earlier by the applicants' side. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 have 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 :- 26.7.2019 Sanjeet