Crl. Misc. Application under Section 482 Cr.P.C. seeking quashing of summoning order dismissed as prima facie case existed. Applicant granted 30 days to surrender and apply for bail with immunity from coercive action.
Allowed 30 days from the date of order for the applicant to surrender and apply for bail; no coercive action during this period.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 26881 of 2019 Applicant :- Pramod Kushwaha Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 10.12.2018 passed by Additional Chief Judicial Magistrate, Ghazipur in criminal case no. 1924 of 2017 under Sections 406, 504, 506 IPC, P.S. Jamaniya, District Ghazipur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant 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 applicant. 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 applicant has 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 prima-facie case is made out against the applicant. Further, to decide / adjudicate the plea raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at appropriate Stage. Hence, the prayer made in the present application is refused.
In the last, learned counsel urged for a direction for expeditious disposal of bail application of the applicant.
Hence, it is observed that in case the applicant surrenders before the court below and applies 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 applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 19.7.2019
safi
Pramod Kushwaha
State Of Up
Om Prakash-J.
As recorded by the court registry
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