Adarsh Bajpai And 2 Others vs State Of Up And Another
2019 Latest Caselaw 4996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 19656 of 2019
 

 
Applicant :- Adarsh Bajpai And 2 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Santosh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.

This application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 01.01.2019 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Complaint Case No. 77128 of 2017 for the offence under Section 406 IPC.

Submission of learned counsel for the applicant is that applicants have been falsely implicated in this case. There was no such dowry demand from the side of the applicants. The prosecution story narrated in the complaint by the complainant/opposite party no. 2 is totally concocted and fabricated, hence, the entire proceedings consequent to summoning order may be quashed.

Learned A.G.A. has vehemently opposed the prayer of applicants and submitted that against summoning order, the applicants have an alternative remedy of filing criminal revision before the competent court.

From perusal of record, it appears that jurisdiction of this Court under Section 482 Cr.P.C. has been unnecessarily invoked by the applicants as there is an alternative remedy of filing criminal revision before the competent court. Therefore, there is no need to interfere in the matter.

However, looking to the facts and circumstances of the case, this application is finally disposed of with the direction that if the applicants surrender and apply for bail before the competent court within three weeks from today, their bail application shall be considered and decided by the court concerned expeditiously.

Application is finally disposed of.

Order Date :- 23.5.2019

RCT/-