Subhash Tyagi And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 11033 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 18338 of 2022
 

 
Applicant :- Subhash Tyagi And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard Sri Sanjay Kumar Pandey, learned counsel for the applicants and the learned AGA appearing for the State.

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to set aside the judgment and order dated 28.05.2022 passed by the Additional Sessions Judge, Court No. 11, Moradabad in Criminal Revision No. 19 of 2022 (Subhash Tyagi and others Vs. State of U. P. and another) as well as summoning order dated 30.11.2021 passed by the Judicial Magistrate, Moradabad in complaint case no 2857 of 2019 (Rajpal Vs. Subhash Tyagi and another), under Sections 323, 324, 452, 506 IPC, Police Station Hazratnagar Garhi, district Moradabad in the court of Judicial Magistrate, Moradabad. Further prayer has been made to stay further proceedings of the aforesaid case.

It is submitted by the learned counsel for the applicants that initially summoning order was passed on 30.11.2021 for the offence under Section 323, 324, 452, 506 IPC which was challenged before the Sessions Judge concerned through Criminal Revision No. 19 of 2022. Concerned Sessions Judge without considering the true aspect of the matter dismissed the revision on insufficient ground. It was further argued that there is cross version of the present matter. Complaint on behalf of the applicants had also been filed. Thus, it is argued that present application be allowed and the summoning order as well as revisional Court order be quashed.

On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

With the above observations, the application stands disposed of.

Order Date :- 23.8.2022

Sachdeva