Allahabad High Court
Balak Ram And Another vs State Of Up And Another on 15 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 24223 of 2019 Applicant :- Balak Ram And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Anil Kumar Bind 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. 188 of 2012 (Ram Chandra and others Vs. Lajjawati), under Sections 420, 467, 468, 504, 506 IPC, Police Station Maudarwaja, District Farrukhabad arising out of summoning order dated 6.6.2019 pending in the court of Civil Judge (Junior Division) (City)/Judicial Magistrate (City), Farrukhabad. 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 applicant has approached this Court vide Application U/S 482 No. 15230 of 2016 and the application was disposed of vide order dated 22.2.2019 with the liberty to move discharge application under Section 245 (2) Cr.P.C.. It has been also argued that the said application was rejected after considering the entire facts. Offences levelled against the applicants are not made out. Disputed property is recorded in the name of complainant in the revenue record. Thus on this ground also offence under Sections 420, 467, 468, 504 IPC are not attracted.
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/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 :- 15.7.2019 Sachdeva