Court No. - 48
Case :- APPLICATION U/S 482 No. - 3240 of 2019 Applicant :- Sheshnath Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anuruddh Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 472 of 2018 under Sections 353, 452, 323, 504, 506 IPC, Police Station, Balipur, District - Gorakhpur, pending in the court of Judicial Magistrate 1st, Gorakhpur and the order dated 5.10.2018 passed in case no. 75 of 2017. Further prayer has been made to stay the further proceedings of the aforesaid case and effect and operation of the aforesaid order.
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 the complaint was filed on the basis of false facts and also on the basis of malice in counter blast. Both applicants are husband and wife. It appears improbable and unbelievable that they have jointly committed alleged offence. Referring to the complaint dated 22.2.2018 said to have been moved on behalf of applicant no.2, it is also submitted that Rs. 50,000/- was due against opposite party no.2 on account of which present complaint was filed maliciously. It is also submitted that witnesses examined under Section 202 CrPC are hearsay witness. Summoning order is illegal and without application of judicial mind.
On the other hand, learned AGA 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 complaint at this stage has to see only prima-facie case and from the material available on record it cannot be said that no prima-facie case is made out against the applicants. Further, to adjudicate/ decide the pleas raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at the appropriate Stage. Applicants' case is also not covered in any of the categories outlined in the State of Haryana and others vs. Bhajan Lal and others, 1992 SCC (Cri) 426. Hence, the prayer made in the present application is refused.
In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicants be given.
Hence, it is observed that in case the applicants 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 applicants.It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 25.1.2019/safi