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Allahabad High Court · body

2016 DIGILAW 3612 (ALL)

Jyoti Agarwal v. State of U. P.

2016-11-02

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 03.06.2016 passed by learned Additional Chief Judicial Magistrate, Court No. 9, Agra in Complaint Case No. 02 of 2016, under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station New Agra, District Agra. 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, offences under the aforesaid Sections are 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 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 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, it is observed that in case the applicant surrender and apply for bail within fifteen days from today, the same shall be considered and decided in view of the settled law. For a period of fifteen days from today, no coercive action shall be taken against the applicant. It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned. With the above observations, the application stands disposed of.