Court No. - 73
Case :- APPLICATION U/S 482 No. - 26854 of 2019 Applicant :- Pramod Agarwal @ Titu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhay Pratap Singh,Abhay Pratap Singh,Virendra Singh Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 21.02.2019 passed by Additional Chief Judicial Magistrate / Additional Civil Judge (Senior Division), Court No. 3 Bulandshahr in Complaint Case No. 407 of 2018 (Neeraj Tyagi Vs. Pramod Agrawal and others), under Sections 307, 504, 506 IPC, Police Station Kotwali Sahar, District - Bulandshahar. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned counsel for the opposite party no. 2 as well as learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that one FIR was lodged on 11.10.2018 on part of the applicant against the opposite party no. 2 for the offence under Sections 307, 504, 506 IPC. Opposite party no. 2 was arrested on 12.10.2017. When G.D. entry was made regarding the arrest at the police station concerned, no injury was found on the body of opposite party no. 2. It is further submitted that when opposite party no. 2 was sent to jail, no injury was also found on the body of opposite party no. 2. Referring to the supplementary affidavit as well as annexure no. 4 of the application, learned counsel for the applicant further submitted that present prosecution was started on the basis of false facts preparing forged injury report. Summoning order passed in the matter is illegal. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 argued that one of the co-accused in the similar circumstances has approached before this Court invoking jurisdiction application under Section 482 No. 13345 of 2019 and prayer for setting aside the summoning order was refused. It is further submitted that same doctor has prepared the injury report who had prepared the injury report in cross case. Several injuries were found on the body of opposite party no. 2. Allegation levelled in the complaint are true. There is no illegality, infirmity or perversity in the impugned order. Factual aspects shall be decided during trial after evidence. In this proceeding at this stage, summoning order passed cannot be set aside.
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 applicant. 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 applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 30.7.2019 Sanjeet