Allahabad High Court
Niraj Kumar And 3 Ors vs State Of U.P. And Anr on 9 July, 2019
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 26282 of 2019
Applicant :- Niraj Kumar And 3 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Amrit Shanker Dubey
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 summoning order dated 8.2.2018 passed by A.C.J.M. Shikohabad, district Firozabad in complaint case no. 2512 of 2016 under Sections 452, 323, 504, 506 IPC, Police Station Sirsaganj, District - Firozabad and the order dated 26.3.2019 passed by the Additional Sessions Judge, Court No.1, Firozabad in criminal revision no. 91 of 2018. Further prayer has been made to stay the effect and operation of the aforesaid orders.
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. Revisional court has also not considered the matter in right perspective. 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 orders do 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 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 from the material available on record it cannot be said that no prima-facie case is made out against the applicants. Revisional court has also considered the matter in detail. Further, to adjudicate/ decide the pleas raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
In the last, learned counsel has urged that direction for expeditious disposal of bail application of the applicants be given.
Hence, 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 to surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 9.7.2019/safi
