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Subedar vs State Of Up And Another on 24 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 38428 of 2019

Applicant :- Subedar

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Dharmendra Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 5912 of 2019 (Mamta Vs. Subedar and others), under Section 406 IPC, Police Station Kotwali Fatehgarh, District – Farrukhabad arising out of summoning order dated 2.8.2019 pending in the court of Additional Chief Judicial Magistrate, Court No.8, Farrukhabad. Further prayer has been made to stay the further proceedings of the aforesaid case.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicant 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 applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.

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 SectionCr.P.C.. The impugned order does not suffer from any illegality or infirmity.

As prayed, put up this matter as fresh on 7.11.2019 to enable learned counsel for the petitioner to file supplementary affidavit. 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.

At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.

Hence, it is directed that in case the applicant surrenders before the court below and applies 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 applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.

With the above observations, the application stands disposed of.

Order Date :- 24.10.2019

Sachdeva

 

 

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