Dismissed

Santosh Singh and 2 Ors. v. State of U.P. and Another

Allahabad HC24 Sept 2019A482/31714/2019

Case brief

AI extract

What is this about?

High Court Court No. 73 disposed of a Section 482 Cr.P.C. application seeking to quash a complaint case. The court refused quashing as a prima facie case existed. It directed the lower court to decide a bail application within 30 days and stayed coercive action pending surrender. The main application was dismissed.

What did the court decide?

Application to quash refused; direction for bail disposal within 30 days; stay on coercive action pending surrender.

Santosh Singh and 2 Ors. Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 31714 of 2019

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Applicant :- Santosh Singh And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Learned counsel for the applicants is permitted to make correction in the prayer and top of the application.

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Supplementary affidavit filed today is taken on record.

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The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 581 of 2018 (Sunita Devi Vs. Santosh Singh and others), under Sections 323, 504, 506, 452, 392 IPC, Police Station Karanda, District - Ghazipur arising out of summoning order dated 9.4.2019 pending in the court of Judicial Magistrate, Ghazipur. 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 present complaint was filed on the basis of false facts with malafide intention in counterblast after gap of one and half month showing the same date of offence as disclosed in the FIR lodged on the part of the applicant .

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Learned A.G.A. argued that it is a cross version and the matter will be decided during trial.

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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 primafacie 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 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/given effect to against the applicants. It is made clear that no further time will 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 :- 24.9.2019

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Sachdeva

Santosh Singh and 2 Ors. v. State of U.P. and Another

Case brief

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Santosh Singh and 2 Ors. v. State of U.P. and Another

Case brief

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