Court No. - 73
Case :- APPLICATION U/S 482 No. - 33956 of 2019 Applicant :- Noor Mohammad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Singh,Markanday Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 07 of 2016 (Dileep Kumar Jaiswal Vs. Noor Mohammad and another), under Section 420 IPC, Police Station Naini, District - Allahabad arising out of summoning order dated 8.2.2018 pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Allahabad. 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 applicants have no concern with the present matter. Neither any agreement was entered into between the applicants and the opposite party no. 2 nor the applicants are the owner of the disputed property. Amount said to have been paid by the opposite party no. 2 to the tenure holder was paid directly by the opposite party no. 2 to them. Sale deed was also executed thereafter. None of the ingredients of the offence under Section 420 IPC i.e. deception etc. is available in the present matter against the applicants. Allegations levelled in the complaint are false. At this juncture learned counsel for the applicants referred to the contents of the complaint and the ingredients of Section 420 IPC and argued that no prima facie case is made out.
On the other hand, learned AGA has 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 of.
Order Date :- 30.9.2019 Sachdeva