Allahabad High Court
Jeeshan Ahmad And Another vs State Of U.P And Another on 1 June, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 13350 of 2022
Applicant :- Jeeshan Ahmad And Another
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Rajesh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Rajesh Yadav, learned counsel for the applicants and Sri Sanjay Kumar Singh, learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the judgment and order dated 12.04.2022 passed by learned Sessions Judge, Moradabad in Criminal Revision No. 17/2022 (Jeeshan Ahmad and another vs. State of U.P. and another) and order dated 10.12.2021 passed by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad in Complaint No. 4876 of 2019, Fareen Versus Jeeshan and others, under Section 406 Cr.P.C., Police Station Majhola, District Moradabad and to quash the entire proceeding of the aforesaid complaint case.
Learned counsel for the applicants submits that the marriage of the applicant no.1 and opposite party no.2 was solemnized on 29.08.2015, according to Muslim rites and rituals. The applicant no.1 is husband and applicant no.2 is married sister-in-law (nanad) of the opposite party no.2. He further submits that the opposite party no.2 filed an application under Section 125 Cr.P.C. for maintenance against the applicant no.1 before the court below in the year 2017, which was rejected by the learned Family Court, Moradabad vide order dated 11.10.2021. Copy of the same is filed as Annexure-2 to the affidavit filed in support of this application.
Learned counsel for the applicants further submits that the said order was challenged by opposite party no.2 before this Court by way of Criminal Revision, which was also rejected by this Court vide order dated 25.03.2022. The copy of the said order is filed as Annexure-3 to the affidavit filed in support of this application. Thereafter, with malicious intention opposite party no.2 filed a complaint against the applicants on 04.10.2017 before the court of learned Chief Judicial Magistrate, Moradabad and after the statement of the witnesses and opposite party no.2 recorded under Section 200 and 202 Cr.P.C., the learned Magistrate summoned the applicant, whereas it is relevant to point out here that in the above complaint neither any date of incident nor any witnesses were mentioned and as per the version of the complaint the incident took place at Bijnor, whereas the complaint was filed in district Moradabad, therefore, the order passed by the learned Magistrate is without jurisdiction and also against the provisions of Section 181 (4) of the Cr.P.C., wherein it is provided that "any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for by the accused person".
Learned counsel for the applicants has also placed reliance on the Full Court judgment of Allahabad High Court in the case of Raneet Singh and others Vs. State of U.P. and another, reported in ACC page 342, in which it has been stated that once the list of the witnesses is not given by the complainant in the complaint, then the summoning order is bad in the eye of law.
The matter requires considerations.
Learned A.G.A. has accepted notice on behalf of State-opposite party no.1.
Let notice be issued to opposite party No.2 through Chief Judicial Magistrate concerned by FAX, who will ensure service of notice upon the informant/opposite party No.2 and submit report by the next date fixed.
Steps be taken with a week.
Learned A.G.A. as well as the opposite party No. 2 may file counter affidavit within three weeks. Rejoinder affidavit may be filed within two weeks thereafter.
Put up this case in the list of fresh cases on 01.08.2022 before the appropriate Bench.
Till the next date of listing, further proceedings of Complaint No. 4876 of 2019, Fareen Versus Jeeshan and others, under Section 406 Cr.P.C., Police Station Majhola, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Moradabad shall remain stayed.
Order Date :- 1.6.2022
Arvind
