Court No. - 73
Case :- APPLICATION U/S 482 No. - 25168 of 2019 Applicant :- Zakir Hussain @ Zabir Hussain And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case/criminal misc. case no. 03489/09 of 2016 (Fatma Parveen Vs. Zakir Hussain and others), under Sections 147, 148, 452, 323 IPC, Police Station Kundarki, District Moradabad arising out of summoning order dated 12.9.2017 pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Moradabad. 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.
Submission of learned counsel for the applicants is that applicant no. 1 is married with the daughter of the sister of the opposite party no. 2. Offences levelled against the applicants are false. Offence is said to have been committed in the house of the opposite party no. 2, Guests are said to have been present but they have not been examined. Referring to the name of the witnesses it is also argued that presence of the witnesses at the time of incident is improbable and unbelievable. Summoning order passed in the matter is illegal.
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.. 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 :- 26.7.2019 Sachdeva