Court No. - 73
Case :- APPLICATION U/S 482 No. - 36121 of 2019 Applicant :- Sunil Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Aditiya Narain 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 entire proceedings of complaint case no.1628 of 2019 under Sections 323, 452, 504, 506, 420 IPC, Police Station Airwa Katra, District - Auraiya pending in the Court of Chief Judicial Magistrate, Auraiya.
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 summoning order passed in the matter is illegal. If the entire complaint case is taken into consideration, then also opposite party no.2 ought to have approached the civil court for recovery of the amount said to be outstanding. It is further submitted that other offences levelled against the applicants are ornamental only to put pressure upon them. Entire amount said to be outstanding had already been received by the opposite party no.2 before execution of the sale deed. Allegations levelled against the applicants are false. 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.
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 45 days from today, the same shall be considered and decided in view of the settled law. For a period of 45 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 :- 30.9.2019 ss