Ankit And Another vs State Of U.P. And Another
2019 Latest Caselaw 5381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- APPLICATION U/S 482 No. - 22519 of 2019
 

 
Applicant :- Ankit And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pradeep Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Saumitra Dwivedi, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned Criminal Complaint dated 10.9.2018 and order of summoning passed on 20.5.2019 in Criminal Complaint No. 18 of 2018, under Sections 452, 354-Kha, 386, 323, 504, 506 IPC & Section 3(1)(d) SC/ST Act, P.S. Ganjdundwara, District Kasganj, pending in the court of Special Judge (SC/ST) Act, Kasganj.

Submission of learned counsel for the applicants is that in complaint case, the applicants have been falsely implicated by respondent no. 2. Further submission is that contention of respondent no. 2 regarding involvement of applicants in the present case was totally false and baseless as no such incident took place as alleged in the complaint. It was a counter blast against the NCR lodged by applicant no. 1. The applicants are innocent and there was no evidence on record on the basis of which, applicants have been summoned by the impugned order. Further submission is that respondent no. 2 had given an application under Section 156 (3) Cr.P.C. which was rejected and thereafter complaint was filed and after taking evidence under Sections 200 and 202 Cr.P.C., the applicants have been summoned in the aforesaid offences.

Admittedly, present application has been filed against the summoning order for which a revision can be filed under Criminal Procedure Code. The principle of law is that where an alternative remedy is provided under law or any statute, there is no scope for interference under Section 482 Cr.P.C., hence I do not find any scope for interference by invoking the power under Section 482 Cr.P.C.

Accordingly, application is disposed of with the liberty that if the applicants want to file revision they may file same against impugned order.

However, learned counsel for the applicants submits that he will file revision against the impugned order within a month and till then a protective order may be passed.

For a month from today, no coercive measures shall be taken against applicants.

Order Date :- 11.6.2019

RCT/-