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IN THE HIGH COURT OF ALLAHABAD
OM PRAKASH-VII, J.
Moti Ram @ Moonga Lal And Another – Appellant
Vs.
State Of U.P. And Another – Respondents
APPLICATION U/S 482 No.19657 of 2017
Decided on : 02-08-2017
Section 482 Cr.P.C. - Prima Facie Case - Refusal of Prayer for Stay - [PRIMA FACIE CASE] - [REFUSAL OF PRAYER FOR STAY] - The court refused the prayer to stay the operation of the order based on the finding that, at the stage of considering the application under Section 482 Cr.P.C., it cannot be said that no prima facie case is made out. The court emphasized that it has to see only a prima facie case and found no illegality or infirmity in the lower courts' findings.
Fact of the Case:
The applicants filed an application under Section 482 Cr.P.C. seeking to stay the operation of the order passed in a revision case and a complaint case related to offenses under Section 376-D and 506 IPC. The applicants argued that no prima facie case was made out based on the evidence available.
Finding of the Court:
The court, after considering the submissions and the entire record, refused the prayer made in the application, stating that, at the stage of considering the application under Section 482 Cr.P.C., it cannot be said that no prima facie case is made out. The court also observed that no illegality or infirmity was found in the lower courts' findings.
Issues: The issues involved in the case included the determination of whether a prima facie case was made out based on the evidence available and whether the court should stay the operation of the lower courts' orders.
Ratio Decidendi: The court's decision was based on the principle that, at the stage of considering the application under Section 482 Cr.P.C., it has to see only a prima facie case. The court emphasized that, on close scrutiny of the entire evidence, it cannot be said that no prima facie case is made out.
Final Decision: The court refused the prayer made in the application but observed that if the applicants surrender before the court below and apply for bail within 30 days, the same shall be considered and decided in view of the settled law. The court also directed that no coercive action shall be taken against the applicant for a period of 30 days from the date of the judgment.
1. The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to stay operation of the order dated 3.6.2017 passed in Revision No. 322 of 2016 (Moonga Lal and another Vs. State of U.P. and another) by the Additional District & Sessions Judge, Court No. 11, Bareilly as well as the order dated 2.7.2016 passed in complaint case no. 1212 of 2016 (Pooran Dei Vs. Moonga Lal and another), under Section 376-D and 506 IPC, Police Station Mahila Thana, Sadar, district Bareilly by Chief Judicial Magistrate, Bareilly.
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 initially F.I.R. was lodged on 19.10.2014 on the basis of the order passed on the application filed under Section 156 (3) Cr.PC. Offence took place on 19.8.2014. Medical examination was done on 20.10.2014. Nothing was found in the medical report to show that the offence under Section 376-D IPC was committed. Investigating officer during investigation submitted final report. On protest petition being filed by the victim, concerned Magistrate treating the protest petition as complaint recorded the evidence under Chapter XV Cr.P.C. Victim's statement was also not supported by any independent witness. Offence under Section 376-D IPC is not made out. Concerned Magistrate has also committed illegality. Victim is major one.
4. Learned A.G.A. opposed the prayer.
5. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record.
6. Offence is said to have been committed on 19.8.2014 but the medical of the victim was done on 20.10.2014. Thus keeping in view the statement of the victim recorded under Section 200 and202 Cr.P.C. and the entire evidence available on record at this stage it cannot be said that no prima facie case is made out. Revisional court after going through the entire evidence dismissed the revision. No illegality or infirmity is found in the finding recorded by the courts below. At this stage the court dealing with the matter has to see only prima facie case. On close scrutiny of entire evidence it cannot be said that no prima facie case is made out. No ground is made out to exercise the jurisdiction under Section 482 Cr.P.C. Hence, the prayer made in the present application is refused.
7. However, it is observed that in case the applicants surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.
8. With the above observations, the application stands disposed of.
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