Rajeev @Raju And 3 Others vs State Of Up And Another
2019 Latest Caselaw 4072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 17313 of 2019
 

 
Applicant :- Rajeev @Raju And 3 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Namit Srivastava
 
Counsel for Opposite Party :- G.A.,Vivek Kumar Srivastava
 

 
Hon'ble Umesh Chandra Tripathi,J.

Vakalatnama filed by Sri Vivek Kumar Srivastava, Advocate, on behalf of opposite party no. 2, is taken on record.

Heard learned counsel for the applicants and, Sri Vivek Kumar Srivastava, learned counsel for opposite party no. 2 and learned A. G. A. for the State.

This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 22.02.2019, passed by Additional Chief Judicial Magistrate, Court No. 7, Meerut, in Complaint Case No. 4511 of 2018 (Manoj Vs. Raju and others), whereby the applicants have been summoned for the offence punishable under Sections 307, 323, 504, 506 IPC, which is exclusively triable by Court of Sessions.

Learned counsel for both the parties admitted this fact that doctor, who has examined the complainant/ injured has not been examined under Section 202 Cr.P.C.

Section 202 Cr.P.C. reads as under:

As per provision of Section 202 Cr.P.C. Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

Accordingly learned Magistrate has passed impugned order without following the procedure laid down under Section 202 Cr.P.C.

In the result, impugned order dated 22.02.2019 is quashed and instant Application u/s 482 Cr.P.C. is allowed.

The Magistrate is directed to follow the procedure laid down under Section 202 Cr.P.C. and to pass fresh order expeditiously.

Order Date :- 3.5.2019

v.k.updh.