Govind Singh And Another vs State Of U.P.And Another
2019 Latest Caselaw 5085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 19642 of 2019
 

 
Applicant :- Govind Singh And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Pankaj Dwivedi
 
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 06.03.2019 passed by Special Chief Judicial Magistrate, Agra in Complaint Case No. 257 of 2017 (Prem Singh Vs. Govind Singh & others) for the offence under Sections 323, 504 IPC, P.S. Sikandra, District Agra.

It has been submitted by learned counsel for the applicants that earlier an FIR was lodged from the side of Smt. Shimla Devi wife of applicant no. 1, Govind Singh for the offence under sections 147, 323, 506, 452 IPC. According to learned counsel for the applicants, subsequent to the lodging of this FIR, an application was given by opposite party no 2, Prem Singh under section 156(3) Cr.P.C. which was registered as complaint case and after recording statement under sections 200 and 202 Cr.P.C., the applicants have been summoned for the offence under sections 323 and 504 IPC. It is further submitted by the learned counsel for the applicants that the case filed by opposite party no. 2 was a counter blast to the case earlier filed from the side of applicants.

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 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/-