Allahabad High Court
Lalit Kumar vs State Of U.P. And Another on 11 November, 2024
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:176333
Court No. - 74
Case :- APPLICATION U/S 482 No. - 35087 of 2024
Applicant :- Lalit Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashutosh Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the opposite party no. 1 State.
2. In view of the order being passed today notice to opposite party no. 2 stands dispensed with.
3. Application under Section 482 Cr.P.C. has been filed seeking quashing of order dated 20.08.2024 as well as entire proceedings of Complaint Case No. 836 of 2024 (Mahendra Pal versus Ashish Yadav & Others) registered under Section 395 I.P.C. at Police Station-Faizganj Behta, District-Budaun pending in the court of learned Additional District Judge 5th Budaun.
4. Learned counsel for the applicant submits that in the complaint, the incident is alleged to have taken place on 14.06.2024 at about 7.00 am when the applicant along with co-accused is said to have entered into an altercation with the complainant and his family members resulting in their injuries.
5. It is submitted that a perusal of the summoning order itself will indicate that the same has been issued in a proforma nature without discussing any evidence of prima facie satisfaction with regard to involvement of applicant in the allegations levelled. It is submitted that the complaint itself indicates only general nature of allegations levelled without any specific role being assigned and therefore, at the time of issuance of summons, it was incumbent upon the trial court to have recorded atleast some degree of satisfaction with regard to involvement of applicant taking into consideration the statements under Sections 200 and 202 Cr.P.C. as well as the injury report. He has adverted to judgments rendered by Coordinate Benches of this Court passed in Application U/S 482 No. 5399 of 2022 (Sushil Dubey @ Sushil Kumar Dudedi versus State of U.P. and Another) and Application U/S 482 No. 1761 of 2022 (Mool Chand And Another versus State of U.P. and Another) to buttress his submissions. It is also submitted that the applicant is employed in the U.P.S.R.T.C. and was on duty as on the date of incident.
6. Learned A.G.A. has opposed the application with a submission that the impugned summoning order itself clearly indicates the allegations levelled against the applicant along with co-accused and the same has been passed after consideration of all the material on record including the case diary. As such, it is submitted that there is no interference required.
7. In view of objection being raised by learned A.G.A., learned counsel for applicant submits that the applicant may be granted liberty to file a discharge application before the court concerned which may be directed to be decided expeditiously. Exemption from appearance has been sought on the ground that the applicant is engaged in government service while reiterating his submissions advanced earlier.
8. Upon consideration of submissions advanced, learned counsel for the parties and perusal of the material on record, it appears that the complaint made by the opposite party no. 2 has been adverted to in the impugned order particularly, the statements under Sections 200 and 202 Cr.P.C. along with the police reports and injury reports. The order has clearly being passed after adverting all the material on record and therefore, it cannot be said that it has been passed without due application of mind. Although it has appeared that the summoning order has been issued also against the applicant indicating the general nature of allegations levelled against all the persons concerned without any prima facie satisfaction with regard to specific involvement of the applicant in the allegation levelled.
9. However, in view of the submissions by the learned counsel for the applicant, liberty is granted to the applicant to file a discharge application before the court concerned within a period of one week from today. The same shall be considered expeditiously, preferably, within a period of three weeks from the date of its presentation.
10. Till decision on the applicant's discharge application, liberty is granted to the applicant to appear through counsel.
11. Accordingly, the application stands disposed of.
Order Date :- 11.11.2024/SY
