Single judge refused application to quash proceedings under Section 482 Cr.P.C. as prima-facie case existed. Directed surrender within 30 days for bail consideration.
Prayer to quash process refused; direction to surrender within 30 days given for bail consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73 Case :- APPLICATION U/S 482 No. - 34346 of 2019 Applicant :- Vijendra Alias Dehati Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashutosh Prasad Shukla 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 entire proceedings of Complaint Case No. 23 of 2017 (New Complaint Case No. 421 of 2019) (Smt. Madhu Vs. Satish and others), under Section 384 IPC, Police Station Subhash Nagar, District - Bareilly pending in the court of Additional Civil Judge (Senior Division) / Additional Chief Judicial Magistrate, Court No.6, Bareilly. 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 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 applicant. 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 applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant 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 applicant.
It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 19.9.2019 Sanjeet
Vijendra Alias Dehati
State Of U.P
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
