Court No. - 73
Case :- APPLICATION U/S 482 No. - 29851 of 2019 Applicant :- Rajendra And 15 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Prakash Rai Counsel for Opposite Party :- G.A.
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. 64 of 2018, under Sections 147, 323, 504, 506 IPC, Police Station Bansgaon, District - Gorakhpur arising out of summoning order dated 20.2.2019 pending in the court of Additional Sessions Judge/Special Court, S.C./S.T. Act, Gorakhpur. 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 FIR has already been lodged against the opposite party no. 2 and another. Present complaint was filed by the opposite party no. 2 showing the same date of offence as is disclosed in the FIR on the basis of false facts and in counterblast. No such incident ever took place.
On the other hand, learned AGA argued that applicants themselves have admitted the presence of the opposite party no. 2 in their FIR at the place of occurrence. It is a cross version case. There is no illegality or infirmity in the impugned order.
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.
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 surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 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 :- 22.8.2019 Sachdeva