Ajeet And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 5084 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 19643 of 2019
 

 
Applicant :- Ajeet And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mridul 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 entire proceedings and the summoning order dated 01.03.2019 passed by Chief Judicial Magistrate, Jalaun in Complaint Case No. 2252 of 2018 (Man Singh Vs. Surendra & others) for the offence under Sections 452, 323 IPC, P.S. Kadaura, District Jalaun.

It appears from the record that an application under section 156 (3) Cr.P.C. was filed by opposite party no. 2 stating that on 04.1.2018, the applicants came to his house and started abusing and beating him. Again on 08.1.2018, the applicants beaten the opposite party no. 2 and opened fire but anyhow he managed to save his life. Pursuant to application under section 156 (3) Cr.P.C. filed by opposite party no 2, complaint case was registered and after recording statement under sections 200 and 202 Cr.P.C., the applicants have been summoned for the offence under sections 452 and 323 IPC.

Submission of learned counsel for the applicants is that no such incident took place and in fact it was repercussion of an N.C.R. which was lodged by the mother of applicant no. 1 and 2 on 28.12.2017. Further submission is that after filing of N.C.R., the opposite party no. 2 filed application under section 156 (3) Cr. P. C. with ulterior motive.

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.

Having gone through the 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 a month from today, their bail application shall be considered and decided by the court concerned preferably on the same day.

Application is finally disposed of.

Order Date :- 28.5.2019

RCT/-