Allahabad High Court
Shyam Singh Yadav @ Shyam Singh vs State Of U.P. And Another on 18 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:201277 Court No. - 91 Case :- APPLICATION U/S 482 No. - 24019 of 2023 Applicant :- Shyam Singh Yadav @ Shyam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A.,Darwari Lal Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the applicant and the learned AGA appearing for the State.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 24.02.2023 as well as the entire proceedings of Complaint case No.210610 of 2022, under Sections 504, 307, 354 IPC and Section 3(2)V, 3(1)X, 3(1)XI of SC/ST Act, Police Station Faridpur, District Bareilly.
3. It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts. 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 applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
4. On the other hand, learned AGA has submitted that applicant has 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.
5. 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 applicant. 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.
6. At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for disposal of the bail application of the applicant.
7. Hence, it is directed that in case the applicant 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 applicant.
8. It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
9. With the above observations, the application stands disposed of.
Order Date :- 18.10.2023 Sanjeet