Court No. - 15
Case :- APPLICATION U/S 482 No. - 18489 of 2018 Applicant :- Surajbhan And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Anil Kumar Bind, learned counsel for the applicants and learned A.G.A. for the State.
Applicants have filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of complaint Case No. 1057 of 2017 ( Sharda Devi vs. Surajbhan and others) under sections, 147, 148, 323, 324, 325, 506 I.P.C., P.S. Patiyali, District Kashganj, pending in the court of C.J.M. Kashganj.
Learned counsel for the applicants has submitted that applicants are being maliciously prosecuted on false and frivolous allegations. The Magistrate has taken cognizance on the evidence which is not cogent and reliable, there is material contradiction in the statements of opposite party no. 2 and her witnesses recorded under sections 200 and 202 Cr.P.C. He has further submitted that a quarrel had taken place between the parties in which both parties sustained injury.
In reply, learned AGA has submitted that material available on record discloses commission of offences against the applicants, the Magistrate has, therefore, committed no illegality in taking cognizance and issuing process, so that the proceedings may be quashed.
Having heard the learned counsel of both sides and considering the facts and circumstances of the case, at this stage, on the material available on record it is not possible to say that no prima facie case is made out against the applicants. The magistrate has therefore, committed no illegality in taking cognizance and issuing process, so that the proceedings may be quashed.
In the result, application is dismissed.
However, having regard to the facts and circumstances of the case, it is ordered that if applicants appear before the court below within four weeks from today and apply for bail, the court below shall decide the same expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported in 2005 CRI. L.J. 755 till then no coercive measures shall be taken against them.
Order Date :- 29.5.2018 /Bhanu