Allahabad High Court
Ravi Bhushan Pandey And 2 Others vs State Of U.P. And Another on 1 September, 2017
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- APPLICATION U/S 482 No. - 24308 of 2017
Applicant :- Ravi Bhushan Pandey And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Arjun Singh Yadav,Rekha Pundir
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 4517 of 2014, Reena Vs. Ravi Bhushan Pandey and others, under Section 494, 120-B IPC, P.S. Mahila Thana District Agra as well as summoning order dated 6.5.2016 including order dated 16.11.2016 issuing non-bailable warrant and order dated 23.2.2017 issuing process under section 82 Cr.P.C. passed by learned A.C.J.M. Court No. 1, Agra.
The contention of learned counsel for the applicants is that the entire allegations made in the complaint are totally false, fabricated and frivolous and no such incident was ever taken place as alleged in the complaint. The opp. party no. 2 has cooked up a false and fabricated story and in order to blackmail the applicants filed the instant complaint case. In fact no offence is made out against the applicants. There is no independent witness of the alleged incident. The summoning order dated 6.5.2016 is not in accordance with law. It has further been submitted that in this case N.B.W. has been issued against the applicants vide order dated 16.11.2016 and process under section 82 Cr.P.C. was also issued vide order dated 23.2.2017. The orders dated 6.5.2016, 16.11.2016 and 23.2.2017 are not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.
On the other hand, learned A.G.A. argued that the applicants have been summoned to face trial on the basis of statements of complainant and witnesses recorded under sections 200 and 202 Cr.P.C. Learned Magistrate after considering the entire evidence available on record and finding a prima facie case has summoned the applicants to face trial under Section 494, 120-B IPC. There is no illegality or irregularity in the summoning order 6.5.2016. It has further been submitted that the applicants have not appeared or surrendered before the court below due to which N.B.W. and process under section 82 Cr.P.C. have also been issued against the applicants.
A perusal of record shows that the applicants have been summoned to face trial on the basis of statements of complainant and witnesses recorded under sections 200 and 202 Cr.P.C. Learned Magistrate after considering the entire evidence available on record and finding a prima facie case has summoned the applicants to face trial. I find no illegality or irregularity in the summoning order dated 6.5.2016. The Magistrate dealing with the 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. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, I don't find any ground to quash the entire proceedings of the aforementioned case as well as summoning order dated 6.5.2016 including the order dated 16.11.2016 issuing non-bailable warrant and order dated 23.2.2017 issuing process under Section 82 Cr.P.C., therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 1.9.2017
Gss
