Court No. - 74
Case :- APPLICATION U/S 482 No. - 40450 of 2019 Applicant :- Mosin Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of arising out of case crime no. 319 of 2018, under Sections 498-A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Ushawan, District Budaun pending in the court of Chief Judicial Magistrate, Budaun. Further prayer has been made to stay the further proceedings of the aforesaid case.
Submission of learned counsel for the applicants is that applicant no. 1 was summoned in the complaint filed by the opposite party no. 2 on the basis of same set of facts. He has obtained bail and is facing trial. FIR was lodged in the present matter on the same set of facts. Since the summoning order had already been passed in the complaint proceeding, there was no occasion to file charge sheet.
Learned A.G.A. opposed the prayer.
In this matter as is evident from the record, applicant no. 1 was summoned in complaint proceedings started on the basis of same set of facts as has been mentioned in the present FIR. He has also obtained bail and is participating in the complaint proceeding. Charge sheet was submitted in the FIR lodged on the basis of same set of facts against the applicants. Thus keeping in view the specific provision provided under Section 210 Cr.P.C. and going through the entire record including the evidence available on record. At this stage it cannot be said that no prima facie case is made out against the applicants. Since both the complaint proceedings and FIR are based on same set of facts and both shall be tried after clubbing together and a prima facie case is made out, therefore, prayer made in the application for quashing the entire proceedings of aforesaid criminal case is not liable to be allowed.
Since applicant no. 1 has obtained bail in complaint proceeding, there is no need to obtain fresh bail in the charge sheet case. As far as applicant no. 2 to 6 are concerned, they have not been summoned in the complaint proceeding. Charge sheet was submitted against them. Thus, it is directed that in case the applicants no. 2 to 6 surrender before the court below within 30 days from today and apply for bail 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 applicant no. 2 to 6.
It is made clear that the applicant no. 2 to 6 will not be granted any further time by this Court for surrendering before the court below as directed above.
Order Date :- 26.11.2019 Sachdeva