Allahabad High Court
Shiv Pal Tiwari And Ors. ... vs The State Of U.P And Anr. on 20 May, 2013
Bench: Surendra Vikram Rathore
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- U/S 482/378/407 No. - 1053 of 2013
Petitioner :- Shiv Pal Tiwari And Ors. (Complaint Case)
Respondent :- The State Of U.P And Anr.
Petitioner Counsel :- Naveen Kumar Pandey
Respondent Counsel :- Govt. Advocate
Hon'ble Surendra Vikram Singh Rathore,J.
By means of order dated 7.3.2013, the applicants were directed to deposit Rs. 10,000/- towards mediation proceedings before the Mediation & Conciliation Centre of this Court thereafter notice was issue to opposite party no. 2 but the said order was not complied with by the applicants and as such, by means of order dated 9.4.2013, the interim order granted by this Court was vacated on the ground of non compliance of order dated 7.3.2013.
Heard learned counsel for the applicants, learned A.G.A. for the State on merits and perused the material available on record.
By means of instant application under Section 482 Cr.P.C. the applicants have prayed for quashing of summoning order dated 20.10.2012 passed by the learned Judicial Magistrate-II, Gonda in Compliant Case No. 224 of 2012, under Sections 498-A & 504 I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station Itiyathok, District Gonda.
I have very carefully examined the submissions advanced by the learned counsel for the applicants and gone through the record.
After arguing at some length, learned counsel for the applicants submits that he does not want to press this application on merits and he confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.
The prayer being innocuous in nature is accepted.
Perusal of the order shows that there were specific allegations for the aforementioned offences against the accused person and the same were fully supported by the evidence under Sections 200 & 202 Cr.P.C. produced on behalf of the complainant. At the stage of summoning the Magistrate is not required to peruse the evidence on record from the point of view whether conviction is probable or not. At this stage, the Magistrate has to satisfy itself whether there is sufficient ground for proceedings against the accused persons or not.
The petition lacks merit and is accordingly dismissed.
However, it is provided that if the applicants surrender before the courts below within one month from today and apply for bail, their prayer for bail shall be considered and decided by the courts below keeping in view the provisions of Section 437 Cr.P.C. as applicant no. 2 and 4 are ladies and in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the period of one month, no coercive measure shall be taken against the applicants.
Order Date :- 20.5.2013
Virendra
