Khalid And 8 Others vs State Of U.P. And Another

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. 447 of 2017 (Saleem alias Dhalla Vs. Khalid and others), under Sections 323, 504, 506 IPC, Police Station Lohamandi, District - Agra arising out of summoning order dated 25.7.2017 pending in the court of Additional Chief Judicial Magistrate, Court No.11, Agra. 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 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 applicants. 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 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 primafacie 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.

However, it is observed that in case the applicants surrender before the court below and apply for bail within 45 days from today the same shall be considered and decided in view of the settled law. For a period of 45 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.