Single judge quashed application under Section 482 Cr.P.C. seeking quash of proceedings for cheating as no prima facie case was made out. Court issued directions for bail consideration within 30 days if applicants surrender.
Stayed coercive action for 30 days pending surrender and bail application; no quashing of proceedings.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 24131 of 2019
Applicant :- Prem Pal And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sudhir Kant Dixit 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 no. 13320 of 2017 (Rahil Arshad Vs. Mohd. Abid and others), under Sections 420 IPC, Police Station Sadar Bazar, District Saharanpur arising out of summoning order dated 20.3.2018 pending in the court of Chief Judicial Magistrate, Saharanpur. 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 applicants are working as labour in the offfice of Mohd. Abid. Possession of the plot has also been delivered to the opposite party no. 2. Enetire allegations levelled against the appliants are false.
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 :- 23.7.2019
Sachdeva
1 issue framed by the court
Whether the court below had to quash the proceedings and stay further action.
1 provisions across 1 enactments
Prem Pal
Om Prakash
As recorded by the court registry
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