Allahabad High Court
Km, Payal vs State Of U.P. And 2 Others on 4 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2023:AHC:156300
Court No. - 87
Case :- APPLICATION U/S 482 No. - 17150 of 2023
Applicant :- Km, Payal
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Harsh Vardhan Shastri
Counsel for Opposite Party :- G.A.,Bhuvnesh Kumar Singh
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicant, learned AGA and Sri Bhuvnesh Kumar Singh, learned counsel for the opposite party no.2.
2. Present petition has been filed for quashing the impugned order dated 12.4.2023 passed in Misc. Case No. 151 of 2023 (Km. Payal vs. Shiv Kumar Sharma and 4 unknown persons), under Section S.C./S.T., Police Station- Najibabad, District Bijnor.
3. Case was heard on 21.7.2023, Court has passed the following order:-
"1. Sri Bhuvnesh Kumar Singh, advocate has filed vakalatnama on behalf of opposite party no. 3, which is taken on record.
2. Heard learned counsel for the applicant, learned AGA and Sri Bhuvnesh Kumar Singh, learned counsel for opposite party no. 3.
3. Learned counsel for the applicant submitted that applicant had moved application for lodging of FIR against one known and four unknown persons, which was not lodged. Therefore, she moved application under Section 156 (3) Cr.P.C. against one known and four unknown persons upon which order dated 12.4.2023 has been passed. In the said order, it is mentioned that in the application of applicant, address of all opposite parties are clearly mentioned and treated this case as complaint case. He firmly submitted that in the application under Section 156(3) Cr.P.C., she has mentioned the address of only Shiv Kumar Sharma and not other four unknown persons. Therefore, in such cases, if FIR is not lodged, no investigation may be carried out and further summoning order may not be served upon four unknown persons. Therefore, in the present matter, it is required that learned Court to pass order for lodging of FIR.
4. Sri Bhuvnesh Kumar Singh, learned counsel for opposite party no. 3 prays for and is granted one week time to rebut the submission raised by learned counsel for the applicant and also produce the relevant judgments occupying the field.
5. Put up this case as fresh on 28.7.2023 showing the name of Sri Bhuvnesh Kumar Singh as learned counsel for opposite party no. 3."
4. Today, Sri Bhuvnesh Kumar Singh, learned counsel for the opposite party no.2 though opposed, but could not dispute this fact that in complaint, address of only opposite party no.2 is given and so far as four other persons are concerned, neither their names nor addresses have been given.
5. I have considered the rival submissions advanced by the learned counsel for the parties and perused the record, complaint as well as summoning order. Relevant paragraph of complaint is quoted hereinbelow:-
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न्यायालय श्रीमान ए०डी०जे० द्वितीय/ स्पेशल जज एस.सी/एस.टी कोर्ट बिजनौर
प्रकीर्ण प्रार्थना पत्र सं०- 156(3)-151/2023
कु० पायल आयु लगभग 22 वर्ष पुत्री श्री घनश्याम सिंह निवासी ग्राम महावतपुर बिल्लौच, थाना नजीबाबाबद, जिला बिजनौर।
बनाम
1. शिव कुमार शर्मा उम्र करीब 36 वर्ष पुत्र स्व० अनिरूद्ध शर्मा, निवासी ग्राम छितावर थाना किरतपुर जिला बिजनौर
2. 4 व्यक्ति नाम पता अज्ञात सूरत शिनाख्त थाना नजीबाबाद
6. Further, relevant paragraph of the summoning order dated 12.4.2023 is also quoted hereinbelow:.
"पत्रावली का अवलोकन किया।
प्रार्थिनी द्वारा घटना की बाबत पूर्ण ब्यौरा दिया गया है। विपक्षीगण के नाम पते स्पष्ट रूप से अंकित किये गये है। प्रार्थना पत्र में वर्णित सभी तथ्य प्रार्थिनी के संज्ञान में है। प्रार्थिनी अपने केस को साबित करने के लिए साक्ष्य न्यायालय में प्रस्तुत कर सकती है।"
7. From perusal of the same, it is apparently clear that only address of opposite party no.2 is given and so far as four other persons are concerned, neither their names nor addresses have been given whereas in the impugned order, it is clearly mentioned that complaint is having addresses of all opposite parties, which is ex facie incorrect.
8. Therefore, under such facts and circumstances of the case, impugned order dated 12.4.2023 is hereby quashed and application is allowed. The matter is remitted back to learned trial Court to pass fresh order maximum within a period four weeks from the date of production of certified copy of this order.
Order Date :- 4.8.2023
Junaid
