Application under Section 482 Cr.P.C. to quash criminal proceedings was dismissed. Court directed furnishing of bail application within 30 days to prevent coercive actions during that period.
Directing that bail application considered within 30 days if surrendered; no coercive action to be taken for 30 days.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 18250 of 2019
Applicant :- Smt. Moni And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
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 no. 1763 of 2018 (Anshu @ Aasma Vs. Sonu and others), under Sections 147, 452, 504, 506 IPC, Police Station Nagfani, District - Moradabad arising out of summoning order dated 20.9.2018 pending in the court of Judicial Magistrate, 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.
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 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 primafacie 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 :- 11.7.2019
Sachdeva
1 issue framed by the court
Whether the High Court should quash the criminal proceedings under Sections 147, 452, 504, 506 IPC under Section 482 Cr.P.C.
Smt. Moni And 3 Others
State Of U.P.
Om Prakash
As recorded by the court registry
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