Court No. - 44
Case :- APPLICATION U/S 482 No. - 29250 of 2016 Applicant :- Syed Ali Mehndi Kazmi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Saxena,Mirza Ali Zulfaqar,Vijit Saxena Counsel for Opposite Party :- G.A.,Aslam Ali
Hon'ble Om Prakash-VII,J.
Criminal Misc. Application No. 1/18 (dated 9.2.2018) Heard and perused the record.
Application is allowed. Learned counsel for the applicants is permitted to delete the name of the applicant no.2 from the array of parties during the course of the day.
While dictating the order, it is seen that instead of deleting the name of the applicant no.2 from the array of parties, the learned counsel for the applicants has deleted the name of the applicant no.3. In fact the applicant no.2 has expired and the present order is being passed only in respect of applicant nos. 1 and 3.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of case no. 1079 of 2015 under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station, Mohammadabad Gohna, District - Mau arising out of summoning order dated 22.5.2016 and 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 in this matter the applicant no.2 has expired and the applicant no.3 has obtained bail and is participating in the proceeding before the trial court. It is prayed that the present application be disposed of directing the Court below to decide the bail application of the applicant no.1 expeditiously.
On the other hand, learned AGA opposing the prayer and submitted that 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.
However, it is observed that in case the applicant no.1 surrenders before the court below and applies 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 applicant no.1.It is made clear that no further time shall be allowed to the applicant no.1 to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 28.2.2018/safi