Court No. - 27
Case :- APPLICATION U/S 482 No. - 31574 of 2019 Applicant :- Vijendra Pal And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Yogendra Pal Singh, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the the entire proceeding of Complaint Case No.695/2018 (Muneshpal Vs. Bijendra and others), under Sections 452, 323, 504 and 506 I.P.C., Police Station Garhmukteshwar, District Hapur pending in the Court of Additional Judicial Magistrate, Garh, as well as impugned order dated 24.05.2019. Further prayer has been made to stay the further proceedings of aforesaid complaint case.
Submission of learned counsel for the applicants is that the application moved under Section 156 (3) Cr.P.C. by the opposite party no.2 was arbitrarily treated as compliant case. It is further submitted that from the version of the compliant 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 as well as learned counsel for the opposite party no. 2 have 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 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/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 22.8.2019 Md Faisal