Allahabad High Court
Ram Kumar And Others vs State Of U.P. Thru. Prin. Secy. ... on 13 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 6601 of 2023
Applicant :- Ram Kumar And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another
Counsel for Applicant :- Satyendra Yadav,Dharm Raj Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard Sri Satyendra Yadav,learned counsel for the applicants, Sri Sushil Kumar Pandey,learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to set aside the impugned summoning order dated 10-11-2022 passed by the learned Chief Judicial Magistrate, Hardoi in Complaint Case No. 10234 of 2021.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that an application has been moved though that is in contravention of the provisions of Sections 154(1) and 154(3) of Cr.P.C. He next added that infact the matter pertains to a civil dispute and that is being given colour of criminality and by way of filing a complaint, the criminal proceedings have been initiated against the present applicants.
Apart from the aforesaid submissions, he submits that the summoning order dated 10-11-2022 is erroneous as no reason has been recorded while summoning the applicants. He submits that only considering the statements of the complainant and witnesses, the summoning order has been passed.
In support of his contentions, he has placed reliance on Judgments of the Apex Court reported in (2019)20 Supreme Court Cases,539, State of Gujarat Versus Afroz Mohammed Hasanfatta and reported in (2020)10 SCC 710; Hitesh Verma Vs. State of Uttarakhand & Anr. and Writ Petition(Crl.) No. 1593 of 2006 & Criminal M.A. No. 6859 of 200; Ashwani Kumar Vs. State & Anr. and submits that the case of the present applicants is squarely covered with the ratio of judgment aforesaid. Thus, submission is that the criminal proceedings initiated against the present applicants arising out of Complaint Case No. 10234 of 2021, may be quashed.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the statements of the victim as well as witnesses are intact and there is no erroneousness in the order passed by the learned trial court dated 10-11-2022 and thus, no interference is warranted.
Matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the third week of August, 2023.
Till the next date of listing, the proceedings initiated in pursuance of impugned summoning order dated 10-11-2022 passed by the learned Chief Judicial Magistrate, Hardoi in Complaint Case No. 10234 of 2021, shall remain stayed so far as the present applicants are concerned.
Order Date :- 13.7.2023
AKS
