Allahabad High Court
Smt. Gyatri Devi And Another vs State Of Up And Another on 9 July, 2019
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 26312 of 2019
Applicant :- Smt. Gyatri Devi And Another
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Kameshwar Rao
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 25.10.2018 as well as non-bailable warrant order dated 15.3.2019 passed by Judicial Magistrate, Khair, Aligarh in complaint case no.105 of 2018 under Sections 420, 467, 468, 406 IPC, P.S. Khair, District Aligarh. Further prayer has been made to stay the proceedings of the aforesaid complaint case.
Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.
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 orders. The impugned orders do 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, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of thirty days from today, effect and operation of non-bailable warrant issued against the applicants shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicants for ensuring their appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 9.7.2019
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