Court No. - 50
Case :- APPLICATION U/S 482 No. - 39531 of 2017 Applicant :- Smt. Poonam And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.,Harish Chandra Shukla,Manoj Kumar Rai
Hon'ble Om Prakash-VII,J.
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. 2940 of 2016 (Haridas Pal Vs. Bhopal Singh and others), under Sections 452, 325, 323, 504, 427, 436, 120-B IPC, Police Station Sadar Bazar, District Saharanpur arising out of summoning order dated 11.8.2016 pending in the court of Chief Judicial Magistrate, Saharanpur. 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 N.C.R. has been lodged by the applicant against the opposite party no. 2 and one complaint was also filed thereafter after a gap of one month. Present complaint was filed in counterblast only to create pressure. At this juncture learned counsel appearing for the applicants referred to annexure no. 7 and argued that proceedings of the aforesaid complaint is abuse of process of law.
On the other hand, learned AGA as also counsel appearing for the opposite party no. 2 argued that role of the co-accused is entirely distinguishable with the role of co-accused against whom the proceedings has been stayed by this Court vide order dated 6.10.2017 in Application U/s 482 No. 33190 of 2017.
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.
Order Date :- 28.11.2017 Sachdeva