Allahabad High Court
Mohammad Anas And 4 Others vs State Of U.P. 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. - 22445 of 2019
Applicant :- Mohammad Anas And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Gyanendra Prasad Mahant,V.K. Baranwal
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 44 of 2015 (Moin Jafar Vs. Mohammad Anas and others), under Sections 147, 323, 504, 506, 427 IPC, Police Station Mohammadabad, District Ghazipur arising out of summoning order dated 9.12.2015 pending in the court of Civil Judge (Junior Division), Mohammadabad, Ghazipur. 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.
submission of the learned counsel for the applicants is that summoning order passed in the matter is illegal. Revisional Court has also not considered the true aspect of the matter in right perspective and illegally dismissed the revision affirming the summoning order. Referring to the contents of the complaint it is also argued that in fact some amount was due against the opposite party no. 2 regarding the treatment done by the applicant no. 3 and due to that reason present complaint was filed to create pressure upon the applicants. No prima facie case is made out. Applicant no. 2 is working in Air Force and applicant no. 1 was present at the time of offence in Saudi Arabia. Applicant no. 3 is a Doctor by profession. They have been falsely implicated in this case.
On the other hand, learned AGA has opposed the submissions made by the learned counsel for the applicants.
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/given effect to against the applicants. It is made clear that no further time will be allowed to the applicants for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 9.7.2019
Sachdeva
