Court No. - 44
Case :- APPLICATION U/S 482 No. - 14329 of 2018 Applicant :- Phool Chandra Rajbhar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sharad Kmar Srivastava, learned counsel for the applicants, and the learned A.G.A. for the State.
This application under Section 482 has been filed challenging the summoning order dated 9.1.2018, passed by the Special Chief Judicial Magistrate, Varanasi in Complaint Case No. 4030 of 2016 (Santoshi Devi Vs. Phoolchand Rajbhar and others), under Sections 323,, 354B, 504, 506 IPC, P.S. Raohaniya, District Varanasi as well as the entire proceedings of the aforesaid complaint case.
Learned counsel for the applicants submits that the entire allegations made in the complaint filed by the opposite party No. 2 are false and therefore, the present criminal prosecution initiated by opposite party no.2 is not only malicious but also amount to an abuse of the process of the court. From the perusal of the record, the court finds that the complainant had adduced herself and her statement was recorded under section 200 Cr.P.C. which clearly supports the averments made in the complaint. Prima facie, therefore, it cannot be said that no offence is made out. Consequently, the prayer prayed for in the present application is refused.
However, it is provided that if the bail has not been obtained as yet, the applicant nos. 2,3 and 4 may appear before the court below and apply for bail within two months from today. The court below shall make an endeavour to decide the bail application of the applicants in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that for a period of two months from today or till the applicants appear before the court below, whichever is earlier, no coersice action shall be taken against the applicants.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 27.4.2018/Arshad