Sita Ram And 2 Others vs State Of U.P. And Another
2017 Latest Caselaw 7403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 17687 of 2016
 

 
Applicant :- Sita Ram And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Aqueel Khan
 
Counsel for Opposite Party :- G.A.,Shikhar Awasthi
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants, learned AGA for the State, learned counsel for opposite party no.2 and perused the material brought on record.

By way of the instant application, the applicants have sought for quashment of the summoning order dated 21.07.2015 passed by the Chief Judicial Magistrate, Kanpur Nagar, in Complaint Case No.3992 of 2014 Arvind Jha Vs. Sita Ram and others, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali, District Kanpur Nagar. 

The only query raised by this Court with the learned counsel for the applicants regarding the legal principle on which a person can be summoned, learned counsel for the applicants kept quiet and continued with factual aspect of the case and elaborated in detail about the person who died in the year 1955 and identity of the person who executed the will is in question. Several documents have been produced and the Court has been tried to be persuaded that the factual things should be adjudicated upon first then the proceeding may be allowed to go on. The plea on the face is erroneous and mischievous, therefore, rejected, for the reason that only challenge has been made to the summoning order which emanates from the aforesaid complaint case. 

Though the learned counsel for the applicants did not elaborate the legal aspect of the summoning order but it is well established law that insofar as summoning of any person under the Indian Penal Code is concerned, the best principle and rationale that assuming it to be; that no offence is made from the first information report, complaint or statement and the same, if unrebutted, makes out prima facie case then the summoning order cannot not be interfered by this Court at this juncture. Whatever the case the applicants have got, they may claim their discharge in accordance with law by putting their defence before the court below and this Court is not appropriate forum where factual aspect and deep question are to be gone into and findings recorded.

The instant application being devoid of merit is dismissed.

However, the applicants are free to claim their discharge by moving appropriate application before the court below.

The observation made in this order shall not touch on merit of the case.

Order Date :- 29.11.2017

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