Court No. - 27
Case :- APPLICATION U/S 482 No. - 30717 of 2019 Applicant :- Smt. Rajani @ Rani And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. have been filed by the applicants with the prayer to quash entire proceeding of Complaint Case No. 1782 of 2014 (Mukseh Kumar Rawat Vs.Smt. Rajini @ Rani and others), under Section 494 I.P.C., at P.S. Jamunapar, District Mathura as well as summoning order dated 30.01.2018 pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Mathura. Further prayer has been made to stay the further proceedings of the aforesaid case.
Learned counsel for the applicants submitted that opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. against the applicant, which was treated as complaint by the learned Magistrate after recording the statements of complainant and his witnesses under Section 200 and 202 Cr.P.C. and summoned the applicant to face the trial for an offence under Section 494 I.P.C. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. The impugned order suffers from illegality and infirmity.
On the other hand, learned A.G.A. 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 the 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 surrenders 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 applicants It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the aforesaid observations, the application stands disposed of.
Order Date :- 22.8.2019 Md Faisal