Court No. - 44
Case :- APPLICATION U/S 482 No. - 25147 of 2018 Applicant :- Om Prakash Singhal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Mani Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vijay Mani Tiwari, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for the following reliefs:
" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and may kindly quash the impugned NBW order dated 8.5.2018 passed by the Chief Judicial Magistrate, Jalaun Orai in Complaint Case No. 422 of 2016, (Smt. Archana Vs. Kanhaiya Singhal and others), Under section 498A, 452, 323 and 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station: Kotwali Orai, District:Jalaun Orai (Annexure: 7 to the affidavit), pending in the court of Chief Judicial Magistrate, jalaun Orai, otherwise applicants will suffer irreparable loss and injury.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the impugned NBW order dated 8.5.2018 passed by the Chief Judicial Magistrate, Jalaun Orai in Complaint Case No. 422 of 2016, (Smt. Archana Vs. Kanhaiya Singhal and others), Under section 498A, 452, 323 and 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station: Kotwali Orai, District:Jalaun Orai (Annexure: 7 to the affidavit), pending in the court of Chief Judicial Magistrate, jalaun Orai, during the pendency of the present case before this Hon'ble Court, or to pass any such and further order as this Hon'ble Court may deed fit and proper in the circumstances of the case.
It is also further prayed that this Hon'ble Court may graciously be pleased to dispense the personal attendance of the applicants in Complaint Case No. 422 of 2016, (Smt. Archana Vs. Kanhaiya Singhal and others), Under section 498A, 452, 323 and 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station: Kotwali Orai, District:Jalaun Orai (Annexure: 7 to the affidavit), pending in the court of Chief Judicial Magistrate, jalaun Orai, that justice be done."
The learned A.G.A. points out that earlier the applicant alongwith 5 others had filed Criminal Misc. Application No. 25868 of 2016, which was disposed of vide order dated 29.01.2018. The order dated 29.01.2018 is reproduced hereunder:-
"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. 422 of 2016 (Smt. Archana Vs. Kanhaiya Singhal @ Eklavya and others), under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Kotwali Orai, District -Jalaun arising out of summoning order dated 29.7.2016 pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Orai, district Jalaun. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and the learned AGA appearing for the State. Only submission on behalf of the applicants is that application be disposed of directing the court below to decide the bail application of the applicants expeditiously.
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.
However, it is observed that in case the applicants surrender before the court below and apply for bail within 45 days from today the same shall be considered and decided in view of the settled law. For a period of 45 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."
From the perusal of the order dated 29.01.2018, it is explicitly clear that this Court had specifically directed the applicants in the above Criminal Misc. Application to appear before the court below and apply for bail within 45 days from the date of the passing of the order dated 29.01.2018. The Court also granted interim protection to the applicants therein.
It is the admitted case that the order dated 29.01.2018 could not be complied with by the present applicants. Therefore, in view of the above, the present criminal misc. application is wholly misconceived being not maintainable. It is accordingly dismissed.
Order Date :- 26.7.2018 YK