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Jasbeer Singh Greval And Another vs State Of Up And Another on 9 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 19668 of 2019

Applicant :- Jasbeer Singh Greval And Another

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Ramesh Kumar Pandey

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. 5177 of 2018 (Soniya Vs. Jasbeer Singh Greval and another), under Sections 354, Section406, Section504, Section506 IPC, Police Station Muradnagar, District – Ghaziabad arising out of summoning order dated 3.4.2018 pending in the court of Additional Chief Judicial Magistrate, Court No.6, Ghaziabad. 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 learned counsel for the applicants is that summoning order passed in the matter is illegal. No offence evre took place, as alleged in the complaint. In fact advance taken by the opposite party no. 2 from the applicant was not being returned, therefore, only to create a defence present complaint was filed in counterblast. At this juncture learned counsel appearing for the applicant referred to the FIR lodged on behalf of the applicant and further argued that no prima facie case is made out. Offence under Section 354 IPC is levelled only on the basis of false facts. Learned counsel appearing for the applicants also referred to the statement of witnesses recorded under Section 200 and 202 Cr.P.C.

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 SectionCr.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 :- 9.7.2019

Sachdeva

 

 

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