Allahabad High Court
Javed And 6 Ors vs State Of U.P. And Anr on 8 July, 2019
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 26181 of 2019
Applicant :- Javed And 6 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Ajay Kumar Mishra
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 the entire proceedings of complaint case no. 29 of 2019 under Sections 323, 354, 392, 504, 506 IPC, Police Station Mandi Dhanaura, District - Amroha pending in the Court of Judicial Magistrate, Amroha as well as summoning order dated 17.1.2019 and revisional court's order dated 16.3.2019 passed by the courts below. 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 applicants are belonging to the same family. They have not committed the present offence. Summoning order passed in the matter was challenged by way of filing a criminal revision before the Sessions Judge concerned which was also dismissed illegally. It is further submitted that one F.I.r. had already been lodged on behalf of the applicants' side against the family members of opposite party no.2 and owing to that reason, present complaint has been filed as a counter blast. The impugned orders suffer 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 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 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 :- 8.7.2019
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