High Court disposed of an application seeking quashing of criminal proceedings under Sections 498-A IPC and others. The court refused the prayer to quash but directed the lower court to expedite bail consideration within thirty days.
Application dismissed; direction issued for bail consideration within 30 days if applicants surrender.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 29902 of 2016 Applicant :- Nadeem And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Syed Ali Imam
Hon'ble Om Prakash-VII,J.
Mediation was not successful.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of charge sheet dated 20.05.2016 as well as Case No. 1003 of 2016 arising out of Case Crime No. 467 of 2015, under Sections 498-A, 323, 506, 504 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District - Ghaziabad pending in the court of Additional Chief Judicial Magistrate-VIII, Ghaziabad. 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 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.
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 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.
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 :- 26.7.2019//Sanjeet
2 issues framed by the court
Whether the High Court should quash proceedings initiated under Sections 498-A IPC and other charges based on false facts and malice.
Whether the Magistrate erred in initialsia prima-facie case against the applicants.
3 provisions across 3 enactments
Nadeem And Another
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
