Nabab And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 21050 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- APPLICATION U/S 482 No. - 39853 of 2022
 

 
Applicant :- Nabab And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Rajiv Ssodia, learned counsel for the applicants and Sri Nitin Kumar, learned A.G.A. for the State.

This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 426 of 2022 (Lakkhi Vs. Nabab and others) as well as summoning order dated 17.08.2022 passed by the learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Hasanpur, District Amroha, u/s 323, 504 IPC, P.S. Adampur, District Amroha.

Learned counsel for the applicants has argued that the entire allegation contained in the complaint which resulted in summoning of the applicants is nothing but a misuse of process of law particularly when the dispute centers around a land to which the parties have already litigating in O.S. No. 689 of 2021 before the court of Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Hasanpur (Nabab Singh Vs. Lakkhi Ram). In nutshell the argument of the learned counsel for the applicants is the the accused Nabab Singh happens to be of the accused fraction as well as Lakkhi Ram is obviously the complainant herein. He further argued that the summoning of the applicants is under section 323, 504 IPC but from the face of it as apparent from the allegations in the complaint none of the said sections stands attracted so as to corner the case of the applicants.

Learned A.G.A. on the other hand has argued that whatever argument is being raised by the applicants centers around factual issues which cannot be gone into in the present proceeding in exercise of jurisdiction u/s 482 Cr.P.C. particularly in the light of the judgment of Hon'ble Supreme Court in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State Of Maharashtra and others reported in AIR 2021 SC 192.

I have heard the argument of the rival parties and perused the record carefully.

Since, the entire allegations so leveled, centers around the factual issues which cannot be gone at a stage when the trial is yet to be commence thus, in the fitness of the matter, this Court finds its inability to interfere in the present proceedings, accordingly, the present application is dismissed and is consigned to record.

Needless to point out that it is always open for the applicants to prefer an application before the competent court of law seeking bail and this Court has no reason to disbelieve that once an application seeking bail is preferred, the same will be decided with most expedition in the light of the law of the land.

Order Date :- 14.12.2022

Nisha