Allahabad High Court
Ashok Kumar Sharma And 2 Others vs State Of U.P. And Another on 20 September, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Judgment Reserved on 14.9.2022
Delivered on 20.9.2022
Court No. - 84
Case :- APPLICATION U/S 482 No. - 45207 of 2018
Applicant :- Ashok Kumar Sharma And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anand Mohan Pandey,Om Prakash Katiyar
Counsel for Opposite Party :- G.A.,Ram Krishna Dubey
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri. Om Prakash Katiyar, learned counsel for applicants and Shri.Ram Krishna Dubey, learned counsel for Opposite Party No.2.
2. By means of this application, applicants have prayed for quashing the entire proceedings of Complaint Case No.1776 of 2016 (Anil vs. Annu and others) under Sections 323, 504 and 506 I.P.C., Police Station-Vijay Nagar, District-Ghaziabad and summoning order dated 1.9.2016 passed by Additional Chief Judicial Magistrate Court No.2, Ghaziabad in the aforesaid case.
3. Applicants are three in numbers who along with Smt. Annoo
Sharma were summoned by the impugned order dated 1.9.2016 for offence under Sections 323, 504 and 506 I.P.C. passed by Additional Chief Judicial Magistrate, Ghaziabad on the basis of criminal complaint filed by O.P. No.2, his statement recorded under Section 200 Cr.P.C. as well as statement of witnesses recorded under Section 202 Cr.P.C.
4. The above referred Smt. Annoo Sharma has filed a separate application under Section 482 No.16893 of 2017 which was disposed of by a co-ordinate bench vide order dated 14.9.2018 while rejecting the prayers for quashing the summoning order as well as bailable warrant. Relevant paragraph of said order is reproduced below:
" A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicant arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.
The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.
The interim order, if any, is vacated. "
5. Learned counsel for applicants has argued on merits of the case which was opposed by the counsel for O.P. No.2, but he has not placed the order passed in case of co-accused Smt. Annoo Sharma (supra).
6. I have perused the order passed in Smt. Annoo
Sharma (supra) and there is no ground to take any other view than the view taken in Smt. Annoo Sharma (supra). Facts of present case are squarely covered by the order passed in Smt. Annoo Sharma (supra).
7. In view of the above discussion, I do not find any reason to allow the prayers made in this application and the same are rejected and this application is also rejected.
8. Interim order, if any, stands vacated.
Order Date :-20.9.2022
SB
