Abushad Ahmad And 5 Others vs State Of U.P. And Another
2016 Latest Caselaw 7631 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 38915 of 2016
 

 
Applicant :- Abushad Ahmad And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sufiya Bano
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

At the outset learned counsel for the applicants states that no criminal revision has been filed against the summoning order before the concerned Sessions Judge.

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the  order dated 28.10.2016 passed by the learned Judicial Magistrate, Azamgarh in case no. 2772 of 2016, under Section 498-A IPC, P. S. Rani Ki Sarai, district Azamgarh. 

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.

However, it is observed 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 :- 17.12.2016/Sachdeva