Court No. - 48
Case :- APPLICATION U/S 482 No. - 1689 of 2019 Applicant :- Viri Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 17.6.2010 and process issued vide S. 82-82 Cr.P.C. dated 6.11.2018 as well as the entier proceedings of Criminal Case No. 1757 of 2008 (Revati prasad Vs. Viri singh) under Sections 323, 342, 354, 452, 504, 211 IPC P.S. Chhatari, District Bulandshahar pending in the court of Chief Judicial Magistrate, Bulandshahar. Further prayer has been made 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 the 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 applicant 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.
Vide judgment and order dated 5.7.2008 passed in Sessions Trial No. 1069 of 2007 the court concerned directed to initiate proceedings against the applicant. It also appears that in compliance of the directions passed by the Trial Court, the applicant has been summoned vide order dated 17.6.2010 and at present process of Non-bailable warrant as well as Sections 82 and 83 of Cr.P.C have also been adhered to.
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 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 above observations, the application stands disposed of.
Order Date :- 29.1.2019 Nadeem Ahmad