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2015 DIGILAW 2377 (ALL)

Sunita v. State of U. P.

2015-08-13

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The instant application has been filed seeking quashing of the proceedings of complaint case no. 571/IX of 2014, under sections 452, 323, 504, 506 I.P.C., P.S. Atarra, District Banda pending in the court of Judicial Magistrate, Atarra, Banda. The applicants have also prayed for quashing of the summoning order dated 23.12.2014. 3. The complaint proceeding as well as the summoning order has been challenged on the ground that the allegations are false and mala fide and made with a view to harass the applicants. 4. From the perusal of the complaint and the statements made in support thereof, it cannot be said that a prima facie case to proceed against the applicants is not made out. It is well settled that at this stage the correctness or truthfulness of the allegations are not to be considered. What is to be seen is whether on acceptance of the allegations at the given face value a prima facie case to proceed against the accused has been made out or not. As the allegations made, which have been supported by the statement recorded under sections 200 and 202 Cr.P.C. do make out a prima facie case, the prayer to quash the proceeding as well as summoning order cannot be accepted. The prayer made to that extent is refused. 5. However, considering the facts and circumstances of the case, without expressing any opinion on merits, it is hereby provided that if the applicants appear and surrender before the court concerned and apply for bail, within a period of four weeks from today, their bail application shall be considered in accordance with law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290, decided by a Full Bench of this Court, which has been approved by the Apex Court in the case of 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of four weeks or till filing of bail application, whichever is earlier, no coercive steps shall be taken against the applicants. It is made clear that if the applicants do not surrender within the said period then coercive steps would be taken to proceed further with the matter. 6. State of U.P. For a period of four weeks or till filing of bail application, whichever is earlier, no coercive steps shall be taken against the applicants. It is made clear that if the applicants do not surrender within the said period then coercive steps would be taken to proceed further with the matter. 6. It is also provided that no prayer for extension of the period provided herein above to surrender before the court concerned will be entertained. 7. With the aforesaid directions, this application is finally disposed of.