Pragya And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 10423 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 
Case :- APPLICATION U/S 482 No. - 11167 of 2023
 
Applicant :- Pragya And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arpit Pal,Manish Kumar Tripathi
 
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Gangwar
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A.

By means of the present application, the prayer sought by the applicants is to quash the summoning order dated 15.02.2023 passed by the Civil Judge, Junior Division/Judicial Magistrate, Kayamganj, Farrukhabad in Complaint case no.1654 of 2022 under sections 323, 452, 504 IPC, police station-Kayamganj, District-Farrukhabad pending in the court of Civil Judge, Junior Division/Judicial Magistrate, Kayamganj, District-Farrukhabad.

Submission made by learned counsel for the applicants is that the present summoning order suffers from the vice of the mandatory provision of Section 202(1) Cr.P.C. which reads thus :-

"Section 202(1) in The Code Of Criminal Procedure, 1973

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.

It seems that the Judicial Magistrate is oblivious of the aforesaid mandatory provision.

Under the circumstances, the present application under section 482 Cr.P.C. stands allowed and the present summoning order dated 15.02.2023 is hereby quashed and the matter is remanded back for fresh consideration in the light of the legal mandatory provision of Section 202(1) Cr.P.C. by a well reasoned order in the light of the judgment of Hon'ble the Apex in the case of Lallankumar Singh and Others Vs. State of Maharashtra, 2022 LiveLaw (SC) 833 with the direction to re-visit and re-consider the matter again and pass a fresh well reasoned and speaking order, which must be reflective of judicial application of mind and the prima facie satisfaction of the court concerned, keeping in view the law laid down by Hon'ble Apex Court within eight weeks from the date of production of certified copy of this order.

The instant 482 application is disposed of with above observations.

Order Date :- 10.4.2023/Sumit S