Peerbakhsh And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 22140 of 2022
 

 
Applicant :- Peerbakhsh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicants and learned A.G.A.

By means of this application the applicants have prayed to quash the proceedings of Criminal Complaint Case No. 215 of 2019 (Smt. Jainav Vs. Riyaz Ahmad and others) as well as the impugned summoning order dated 17.09.2021 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Chaubiya, District Etawah pending in the court of Judicial Magistrate-I, Etawah.

It is argued by the learned counsel for the applicants that the order passed by the trial court is a cryptic order. The satisfaction of the court or the ground on which the order has been passed, has not been mentioned therein. The statements of the witnesses have not been discussed, hence, on the basis of judgement of the Apex Court in Criminal Appeal No. 1757 of 2022 (arising out of SLP (Crl.) No. 8882 of 2015) - Lalankumar Singh & others Vs. State of Maharashtra, prayer is made to quash the proceeding of Criminal Complaint Case No. 215 of 2019 (Smt. Jainav Vs. Riyaz Ahmad and others) as well as the impugned summoning order dated 17.09.2021 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Chaubiya, District Etawah pending in the court of Judicial Magistrate-I, Etawah.

Learned A.G.A. opposed the prayer of the applicants.

From the perusal of the order, it is found that, though, the trial court has mentioned therein that the witnesses have supported the averments of the complaint but neither the statements of the witnesses have been discussed nor the satisfaction of the court on the basis of statement of the witnesses has been recorded. As per the judgement of Apex Court placed before the court, the trial court has to form its opinion only after due application of mind that there is sufficient basis for proceeding against the accused and the formation of such an opinion is to be stated in the order itself.

Thus, the application is allowed. The summoning order dated 17.09.2021 passed by the trial court is hereby set aside on the basis of above judgment of the Apex Court.

The trial court is directed to pass a fresh order regarding summoning of the applicants in the light of judgement of the Apex Court.

Order Date :- 3.1.2023

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