Disposed

Sahab Lal and 4 Others v. State of U.P. and Another

Allahabad HC15 Jul 2019A482/24933/2016

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court refused to quash the complaint proceedings and summoning order, holding that no prima-facie case was insufficient to interfere at this stage. The court directed surrender within thirty days for bail consideration before the Magistrate, no coercive action during this period, and disposed of the application.

What did the court decide?

Application to quash proceedings refused. Directed to surrender within 30 days; Magistrate to consider bail application; no coercive action for 30 days.

Sahab Lal and 4 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 24933 of 2016

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Applicant :- Sahab Lal And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kunwar Ajay Singh Counsel for Opposite Party :- G.A.,Manik Chandra Yadav

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Hon'ble Om Prakash-VII,J.

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Mediation was not successful.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Complaint Case No. 2600 of 2015 (1268 of 2014) (Dashmati Vs. Sahab Lal and others) as well as summoning order dated 01.09.2014, under Sections 498-A, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mehnagar, District - Azamgarh pending in the court of Chief Judicial Magistrate, Court No. 10, Azamgarh. 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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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.

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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 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.

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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 thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicants.

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It is made clear that no further time shall 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 :- 15.7.2019//Sanjeet

Sahab Lal and 4 Others v. State of U.P. and Another

Case brief

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Sahab Lal and 4 Others v. State of U.P. and Another

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