Court No. - 48
Case :- APPLICATION U/S 482 No. - 1719 of 2019 Applicant :- Smt. Sukhdevi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saroj Kumar Tiwari 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 summoning order dated 17.1.2018 passed by Additional Session Judge, Court No. 14 Aligarh in Session Trial No. 1093 of 2014 (State Vs. Vijay Singh and others) under Sections 308/34, 323/34, 324, 504 IPC Police Station Akrabad, District Aligarh. 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 the complaint was filed on the basis of false facts and also on the basis of malice. 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. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
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.
Vide order dated 17.1.2018 applicant was summoned to face the trial invoking the jurisdiction under Section 319 Cr.P.C for the offence under Sections 308/34, 323/34, 324, 504 IPC. Two prosecution witnesses were examined in the matter although statement of the witnesses recorded during trial has not been annexed but the facts mentioned by the trial court in the impugned order itself reveal that both the witnesses have clearly supported the facts mentioned in the first information report.
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 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 above observations, the application stands disposed of.
Order Date :- 29.1.2019 Nadeem Ahmad