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2016 DIGILAW 3483 (ALL)

Jitendra Singh v. State of U. P.

2016-10-19

OM PRAKASH VII

body2016
JUDGMENT 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 order dated 16.7.2016 passed by the 11th Addl. Sessions Judge, Agra in Criminal Revision No. 394 of 2015 as well as entire proceedings of complaint case no. 321 of 2013, under Sections 452,323, 354, 504, 506 IPC, Police Station Achnera, District Agra pending in the court of 8th A.C.J.M., 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 applicant that the applicant has approached this Court vide Application U/S 482 No. 22211 of 2014 and this Court vide order dated 3.7.2014 disposed of the application extending liberty to the applicant to move discharge application. Discharge application moved on behalf of the applicant was illegally rejected by the court below. Revision filed by the applicant was also dismissed. 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. 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. However, in case the applicant surrenders before the court below and applies for bail the same shall be considered and decided by the court below in view of settled law. Thus the application is disposed of accordingly.