Application under Section 482 Cr.P.C. to quash proceedings and summoning order was dismissed as prima-facie case existed. Court directed surrender and bail consideration within 30 days without coercive action.
Application to quash dismissed; direction issued for bail consideration within 30 days upon surrender.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 27325 of 2019
Applicant :- Om Pal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Babu Dubey 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 applicants with the prayer to quash the entire proceedings of complaint case no. 2376 of 2018 under Sections 323, 504, 506, 379 IPC, Police Station Falauda, District - Meerut pending in the Court of Judicial Magistrate, Court No.1, Meerut as well as summoning order dated 23.1.2019 passed by the court concerned. 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 one F.I.R. had already been lodged regarding the incident said to have been committed on 17.5.2018 against the opposite party no.2. As a counter blast, present complaint has been filed thereafter with malafide intention showing the same date of offence. In fact, no such incident ever took place as alleged in the complaint. 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. The impugned order suffers from illegality and infirmity.
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 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.
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 against the applicants.
It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 25.7.2019 ss
2 issues framed by the court
Whether the High Court should interfere with the Magistrate's summoning order under Section 482 Cr.P.C. as no prima-facie case is made out.
Whether a direction should be issued for expedited disposal of the bail application pending below.
2 provisions across 2 enactments
Om Pal And 3 Others
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
