Court No. - 48
Case :- APPLICATION U/S 482 No. - 2256 of 2019 Applicant :- Suresh Yadav And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gyanendra Kumar Singh 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 order dated 22.8.2014 passed by the Additional Chief Judicial Magistrate, Farrukhabad in complaint case no. 1019 of 2012 under Sections 427, 447, 504, 506 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad issuing non-bailable warrant. Further prayer has been made to stay the 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 applicants are police personnel. 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.. When despite service of summons, applicants did not appear, non-bailable warrant has been issued against them. 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. When despite service of summon, applicants did not appear before the Court concerned, non-bailable warrant has been issued against them for ensuring their presence. 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. 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 forty-five days from today, the same shall be considered and decided in view of the settled law. For a period of forty-five 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 :- 21.1.2019/safi