Court No. - 49
Case :- APPLICATION U/S 482 No. - 6875 of 2019
Applicant :- Mohammad Amir And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Waris Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Mohd. Waris, learned counsel for the applicants and learned Additional Government Advocate for the State and perused the material on record.
By means of this application under section 482 Cr.P.C., the applicants have prayed for quashing the summoning order dated 10.01.2019 passed by the learned Additional Chief Judicial Magistrate, Court No. 11, Fatehpur in Complaint Case No. 822 of 2017 (Yasmeen vs Mohammad Amir and others), under sections 323, 504, 506 IPC, PS Sultanpur Ghosh, District Fatehpur as well as the entire proceedings of aforesaid complaint case.
Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in this case due to some ulterior motive. It is further submitted by the learned counsel for the applicants that the present case is a counter blast to the proceeding initiated by the applicants against opposite party No. 2 and other family members, in which father and two brothers of opposite party No. 2 were summoned and facing trial. It is next submitted by the learned counsel for the applicants that present proceedings is nothing, but a gross misuse of the process of the court and law. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Per contra, learned AGA supported the order of the learned Magistrate by contending that the order is well reasoned.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of facts, which cannot be adjudicated upon by this court under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cr.) 283.
The disputed defence of the accused also cannot be considered at this stage.
The prayer for quashing of the proceedings as well as summoning order is refused.
The application is accordingly rejected.
However, it is provided that in case, 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, as early as possible, in accordance with law.
Order Date :- 25.2.2019 Sazia