Ram Prakash Parihar and 5 Others Vs State of U.P. and another

Court No. - 73

Case :- APPLICATION U/S 482 No. - 24551 of 2019

Applicant :- Ram Prakash Parihar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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This Application U/S 482 Cr.P.C. has been filed with the prayer to quash the order dated 30.4.2019 passed by the Judicial Magistrate, Fatehabad in complaint case no. 361 of 2015 (Prabhakar Gupta Vs. Ayub Khan and others), under Sections 147, 148, 323, 506, 384, 386, 452, 511 IPC, Police Station Pinahat, district Agra pending in the court of Judicial Magistrate, Fatehabad, Agra. Further prayer has been made to stay the proceedings of the aforesaid complaint case.

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Heard learned counsel for the applicants and learned A.G.A.

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As is evident from the record that applicants had approached this Court invoking jurisdiction under Section 482 Cr.P.C. No. 6105 of 2016 against the summoning order passed in the matter and this Court vide order dated 10.3.2016 directed the applicants to surrender before the Court below and apply for bail. It appears that applicants have obtained bail in compliance of the order dated 10.3.2016. They also moved discharge application before recording statement under Section 244 Cr.P.C. Concerned Magistrate vide order dated 30.4.2019 scrutinising the entire evidence available at that stage rejected the same on merit and fixed the date for recording statement under Section 244 Cr.P.C. If the observation recorded by the concerned Magistrate in the impugned order are compared with the evidence available on record no illegality or infirmity is found. Applicants have opportunity to move fresh application for their discharge after recording the evidence under Section 244 Cr.P.C. At this stage no good ground is made out to interfere with the impugned order.

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The application is dismissed.

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Order Date :- 23.7.2019 Sachdeva

Ram Prakash Parihar and 5 Others v. State of U.P. and another

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Ram Prakash Parihar and 5 Others v. State of U.P. and another

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