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Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 1041 of 2019
Petitioner :- Dharmendra And 4 Others
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Rajendra Singh
Counsel for Respondent :- G.A.
Hon'ble Om Prakash,J.
The present petition has been filed by the petitioners with the prayer to quash the order dated 12.12.2018 in Complaint Case No. 1228 of 2016 (Geeta Devi Vs. Dharmendra and others) pending in the court of Judicial Magistrate, Sadar, Farrukhabad.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
It is submitted by the learned counsel for the petitioners 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 Section is not made out against the petitioners. 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 petitioners 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 the 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.
At this stage, learned counsel for the petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners. Hence, it is directed that in case the petitioners surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the petitioners. This Court thinks it proper to dispose of the present writ petition by directing the Judge, Family Court, Aligarh to expedite the proceedings of Case No.864 of 2011 and decide the same preferably within a period of three months from the date of production of the certified copy of this order or by 15th May, 2019, whichever is earlier, strictly in accordance with law.
It is made clear that no further time shall be allowed to the petitioners for surrender before the court concerned. With the above observations, the petition stands disposed of.
Order Date :- 15.2.2019