Ranjan Giri And 4 Others vs State Of U.P. And Another
2024 Latest Caselaw 21437 ALL

Allahabad High Court

Ranjan Giri And 4 Others vs State Of U.P. And Another on 1 July, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:105691
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 9688 of 2024
 

 
Applicant :- Ranjan Giri And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amresh Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Heard Sri Amresh Tripathi, learned counsel for applicants and Sri R.K.Mishra, learned A.G.A.

2. By means of this application, applicants have approached this Court for quashing the entire proceedings of Complaint Case No.2386 of 2022 (Reena Giri Vs. Ranjan Giri and others) under Sections 323, 504, 506 of I.P.C., Police Station-Rampur Karkhana, District-Deoria as well as impugned summoning order dated 6.10.2022, passed by learned Additional Chief Judicial Magistrate, Court No.19, Deoria pending before learned Additional Chief Judicial Magistrate, Court No.19 Deoria.

3. Impugned order passed under Section 204 Cr.P.C. is as follows:

"06.10.2022

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????????? ???? ???? ?? ?? ?????? ??????? ????????? ???? ????, ???????? ????, ?????? ????, ?????? ????, ???? ?????? ???? ?? ???????? ??? ??????? ???? ???

????????? ?? ????? ?? ????-200 ?????????? ? ?????? ?????????1 ???? ????, ?????????2 ????? ???? ?? ???? 202 ?????????? ?? ??? ???????? ???? ???

????????? ??????? ??? ???? ?? ?????? ??????? ?? ??? ???? ??? ????????????? ?? ?????, ????????? ???? ? ???? ??????? ???????? ?? ???????? ???? ??? ???

????????? ??? ???? ?? ?? ???????? ????? ??? ????????? ?? ???? ???? ?????? ??? ?????? ???? ??? ?????? ???? ?? ?????? ???? ??? ??? ????? ?? ???? ??? ???????? ?? ?????? ??????? ?? ?????? ??? ?????????? ???? ????, ???????? ????, ?????? ????, ?????? ????, ???? ?? ??????? ????? ??????? ????? ???? 323, 504, 406 ????????? ??? ???? ?????? ???? ??? ??? ?????????? ???? ????? ??? ?????? ???? ???? ???? ???? ????? ???

????

?????????? ???? ????, ???????? ????, ?????? ????, ?????? ????, ???? ?? ???? 323, 504, 406 ???????? ?? ????? ??? ????? ????? ??? ???? ???? ??? ????????? ????? ????? 10 ??? ???? ???????? ?????? ?????? ?????????? ?????? ? 30.11.2022 ?? ??? ??? "

4. There is a merit in the argument of learned counsel for applicants that above referred order is bereft of reasons and this Court takes note of judgment passed by Supreme Court in Lalankumar Singh and others vs. State of Maharashtra, 2022 SCC OnLine SC 1383, that requisite reasons are required to be mentioned in the order for summoning that there were sufficient grounds for proceeding.

5. Impugned order is absolutely in the teeth of Lalankumar Singh (supra).

6. Present is a case arising out of complaint case, therefore, normally, O.P. No.2 i.e. complainant has to be heard. However, this Court is of the view that since above referred impugned summoning order is bereft of reasons which cannot be supported even if O.P. No.2 has appeared, therefore, impugned order dated 6.10.2022 is set-aside. However, in the inte4rest of justice, this case is remanded back to learned Trial Court to pass a fresh order in view of judgment passed by Supreme Court in Lalankumar Singh (supra) as well as recent judgment passed by this Court in application under Section 482 Cr.P.C. No.15986 of 2024, Akansha Katiyar & Ors Vs. State of U.P. & Ors, Neutral Citation No-2024:AHC105655.

7. With the aforesaid direction, this application is allowed.

Order Date :- 1.7.2024

SB