Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 1326 of 2019 Petitioner :- Narsingh Narain Rai Alias Narsingh Narain Bharti And 3 Others Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Chandra Shekhar Rai Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
The present petition under article 227 of the Constitution of India has been filed by the petitioners with the prayer to set-aside the impugned order dated 9.10.2012 passed by II Addl. Chief Judicial Magistrate, Ballia in criminal complaint case no. 2584 of 2012 as well as impugned order dated 24.11.2018 passed by II Addl. Sessions Judge, Ballia in criminal revision no.239 of 2012. Further prayer has been made to quash the criminal complaint case no.2584 of 2012 under Sections 323, 504, 506, 379 IPC, P.s. Narahi, District Ballia pending before the court concerned.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
It is submitted by the learned counsel for the petitioners that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the petitioners. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that petitioners have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned orders do 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 petitioners. 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 petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.
Hence, it is directed that in case the petitioners 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 against thepetitioners .
It is made clear that no further time shall be allowed to the petitioners for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.2.2019 ss