Dismissed

Rudra Singh and 03 Others v. State of Up and Another

Allahabad HC19 Aug 2019A482/24039/2019

Case brief

AI extract

What is this about?

The High Court refused to quash proceedings under S. 482 Cr.P.C. in a cheating summons case, finding no infirmity in the impugned order. The Court directed the lower court to expeditiously dispose of the applicants' bail application if surrendered within 30 days, staying coercive action during this period.

What did the court decide?

High Court refused to quash proceedings. Applicants directed to surrender within 30 days for bail disposal; coercive action stayed for 30 days.

Rudra Singh and 03 Others Vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 24039 of 2019

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Applicant :- Rudra Singh And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Supplementary affidavit filed today is taken on record.

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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. 835 of 2017 (Ranvir Singh Vs. Rudra Singh and others), under Sections 436/506 IPC, Police Station Iglas, District - Aligarh arising out of summoning order dated 6.9.2017 pending in the court of Additional Chief Judicial Magistrate,-II, Aligarh. Further prayer has been made to stay the further proceedings of the aforesaid case.

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Heard learned counsel for the applicants and the learned AGA appearing for the State.

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Submission of learned counsel for the applicants is that summoning order passed in the matter is illegal. No prima facie case is made out. In the application moved to the S.S.P./S.P. concerned investigation was made by the police concerned and it was found that no such incident took place. It is also argued that summoning order was passed in the matter in counterblast.

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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.

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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.

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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.

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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.

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With the above observations, the application stands disposed of. Order Date :- 19.8.2019

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Sachdeva

Rudra Singh and 03 Others v. State of Up and Another

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Rudra Singh and 03 Others v. State of Up and Another

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