Subodh Pathak And Another vs State Of U.P.And Another
2016 Latest Caselaw 7684 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 35366 of 2016
 

 
Applicant :- Subodh Pathak And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Raghvendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the impugned remand order dated  9.5.2016 passed by the learned Addl. Sessions Judge (Court No. 4), Mathura in Revision No. 142 of 2015 (Smt. Hema Vs. State of U. P. and others) and to qush the impugned summoning order dated 17.10.2016 passed by the learned Additional Chief Judicial Magistrate-I, Mathura in case no. 2418 of 2014(Hema Vs. Subodh Pathak and others), under Sections 323, 325, 504, 506 IPC, P. S. Raya, district Mathura. 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.

Learned counsel for the applicant referred to annexure no. SA-1 annexed along with the supplementary affidavit and argued that no injury report is available in the record of the complaint case. Contradictory statement has been made in the complaint. Summoning order passed on 17.10.2016 in the matter is illegal and F.I.R. has already been lodged on behalf of the applicants against the person belonging to opposite side in which police officer submitted charge sheet. Present complaint is in counterblast with a view to create pressure upon the applicants after lodging of the F.I.R.

Learned A.G.A. argued that although police did not try to get the injured medically examined by the Doctor. Injury report is available on the record. Questionnaire filed along with the supplementary affidavit reveal that in the medical examination was done if the medical examination is not done by the police then also medical evidence adduced will be read as evidence. 

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, considering the version taken in both the case i.e. complaint case and F.I.R. case no ground is made out to interfere in the matter under Section 482 Cr.P.C. Hence, the prayer made in the present application is refused.

However, it is observed that in case the applicants 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 applicants.

It is made clear that no further time shall be allowed to the applicants for surrender before the court concerned.

With the above observations, the application stands disposed of.

Order Date :- 21.12.2016/Sachdeva