Court No. - 27
Case :- APPLICATION U/S 482 No. - 30766 of 2019 Applicant :- Moh. Amin Ansari And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Yadav,Krishna Nand Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned summoning order dated 6.5.2019 in Complaint Case No.1405 of 2018 (Ameer Ansari vs. Mohd. Amin Ansari and others), under Sections 323, 504, 506 and 427 I.P.C., Police Station Bargadwa, District Maharajganj. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
Submission of learned counsel for the applicants is that on 4.6.2018, the applicant no.1 moved an application under Section 156 (3) Cr.P.C. against the opposite party no.2 and others. As a counter blast to the said proceedings, the opposite party no.2 has moved the impugned complaint against the applicants with malafide intention just to pressurize the applicant to settle the dispute as between the parties a civil dispute is pending. Further submission is that neither the opposite party no.2 has got any injury nor he was medically examined. Only general allegations have been made in the complaint. The impugned order suffers suffers from illegality and infirmity. Further submission is that continuance of the proceedings of the aforesaid complaint case is an abuse of process of law and the same is liable to be set aside.
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 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/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed off.
Order Date :- 22.8.2019 Ajeet