Court No. - 27
Case :- APPLICATION U/S 482 No. - 31914 of 2019 Applicant :- Vinesh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. have been filed by the applicants with the prayer to quash entire proceeding of Complaint Case No. 2654 of 2016 (Satyapal Singh Vs. Vinesh and another), under Sections 452, 323, 406, 392 and 506 I.P.C., at P.S. Kotwali Shahar, District Bijnor as well as summoning order dated 08.03.2017 pending in the court of learned Additional Civil Judge (Senior Division) Magistrate, Bijnor. Further prayer has been made to stay the further proceedings of the aforesaid case.
Learned counsel for the applicants submitted that opposite party no. 2 has filed a complaint stating that applicants have borrowed money to the tune of Rs.2,00,000/- from him and on demand he has threatened him to implicate in a false case. It is further submitted that it is a case of civil nature which has deliberately been given colour of criminal dispute just to harass the applicants.
On the other hand, learned A.G.A. 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 the 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 surrenders before the Court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty 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 aforesaid observations, the application stands disposed of.
Order Date :- 22.8.2019 Md Faisal