Anand Agarwal And Another vs State Of U.P.And Another
2022 Latest Caselaw 14992 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 20251 of 2022
 

 
Applicant :- Anand Agarwal And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Gaurav Kakkar
 
Counsel for Opposite Party :- G.A.,Ashish Tyagi
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of Complaint Case No. 16173 of 2021, under Sections 420, 323, 504, 506, 392 IPC, Police Station T.P. Nagar, District Meerut as well as summoning order dated 31.03.2022 passed by Additional Civil Judge (Senior Division), Court No. 7/ Additional Chief Judicial Magistrate, Meerut.

2. Sri Gaurav Kakkar, learned counsel for applicants that requisite opinion is required for the purpose of summoning applicants under Section 204 Cr.P.C. after considering the complaint and statements recorded under Sections 200 and 202 Cr.P.C. that there are sufficient ground to proceed against applicants and that in the operative part of impugned order there is no opinion with regard to summoning under Sections 420, 323 IPC.

3. Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Ashish Tyagi, learned counsel for Opposite Party No. 2, submits that applicants have opportunity to raise all the arguments by way of filing application for discharge.

4. I have considered the above submissions and also taken note of the judgment passed by Supreme Court in Lalankumar Singh and others vs. State of Maharashtra, 2022 SCC OnLine SC 1383 where in para 38 it is held that:

"38. The order of issuance of process is not an empty formality. The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself. The order is liable to be set aside if no reasons are given therein while coming to the conclusion that there is a prima facie case against the accused?."

5. In view of above and also that requisite opinion is not reflected in the operative part of impugned order, the summoning order cannot be sustained.

6. In the result, application is partly allowed. Impugned summoning order dated 31.03.2022 passed by Additional Civil Judge (Senior Division), Court No. 7/ Additional Chief Judicial Magistrate, Meerut in Complaint Case No. 16173 of 2021, under Sections 420, 323, 504, 506, 392 IPC, Police Station T.P. Nagar, District Meerut, is set aside. The matter is remanded to Trial Court to pass fresh order after considering the statements recorded under Sections 200 and 202 Cr.P.C. and also taking note of the judgment passed by Supreme Court in Lalankumar Singh (supra), preferably within a period of four weeks from today.

Order Date :- 21.10.2022/AK

(Sl. No. 13 out of 395 fresh cases)