Court No. - 48
Case :- APPLICATION U/S 482 No. - 7244 of 2019 Applicant :- Smt. Ramwati And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lalit Kumar Srivastava 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. 1127 of 2013 (Sunhari Lal Vs. Sopal Singh and others), under Sections 498-A, 506 IPC and Section 4 Dowry Prohibition Act, Police Station Narkhi, District - Firozabad arising out of summoning order dated 29.8.2014 pending in the court of Additional Chief Judicial Magistrate, Court No.1, Firozabad. 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 earlier applicants have obtained bail. Applicant no. 4 Sopal Singh did not appear on the date fixed in the matter and N.B.W. was issued against him.
On the other hand, learned AGA opposed the prayer. 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 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 applicant no. 4.
Hence, it is directed that in case the applicant no. 4 Sopal Singh surrenders 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 applicant no. 4 Sopal Singh. It is made clear that no further time will be allowed to the applicant no. 4 for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.2.2019 Sachdeva