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2016 DIGILAW 651 (ALL)

Tej Singh v. State of U. P.

2016-02-23

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash N.B.W. order dated 25.1.2016 in Criminal Complaint Case No. 158 of 2014, under Section 147 , 148, 302/149, 120-B IPC, Police Station Deoband, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate, Deoband, Saharanpur. 2. Heard learned counsel for the applicants and the learned AGA appearing for the State. 3. 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. 4. On the other hand, learned AGA opposed the prayer. The impugned order does not suffer from any illegality or infirmity. 5. 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 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. With the above observations, the application stands disposed of.