Single Judge dismissed an application to quash criminal proceedings under Sections 420, 504, 506 IPC. The Court found a prima facie case and held the plea required trial. A direction for bail was issued upon surrender within 30 days.
Application for quash refused; bail directed if applied within thirty days upon surrender.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 34351 of 2019 Applicant :- Ajay Singh And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashok Kumar Pandey 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 entire proceeding of Complaint Case No. 21 of 2016 (Ravi Shankar Patel Vs. Ajay Singh and others), under Sections 420, 504, 506 IPC, Police Station Shivpur, District - Varanasi as well as summoning order dated 22.03.2017 pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Varanasi. 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 :- 19.9.2019 Sanjeet
1 issue framed by the court
Whether the complaint filed under Sections 420, 504, 506 IPC discloses a prima facie case warranting the grant of quashing order.
1 provisions across 1 enactments
Ajay Singh
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
