C482/1230/2022
2022 Latest Caselaw 2373 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      29.07.2022                        C482 No.1230 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the summoning order dated 18.02.2017 and order dated 21.06.2022, by which, non- bailable warrant has been issued against the present applicant-accused in Complaint Case No.1947 of 2022, "Mahant Swami Rupendra Prakash vs. Gulshan Narang and Others".

Heard Mr. Bhupesh Kandpal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

The learned counsel for the applicant-accused submitted that an FIR was lodged by the respondent no.2. After investigation, a closure report was filed. The respondent no.2 had filed a protest petition. After rejection of the closure report, the said protest petition was converted into a complaint by the trial court.

The learned counsel for the applicant-accused further submitted that the said protest petition has been converted into a complaint, however, the said protest petition, filed by the complainant, does not come under the definition of Section 2(d) of the Code of Criminal Procedure, 1973, therefore, cognizance and summoning order are not legally sustainable. In support of his submission, the learned counsel for the applicant-accused has relied upon the judgment of the Hon'ble Supreme Court in Vishnu Kumar Tiwari vs. the State of Uttar Pradesh, (2019) 8 SCC 27.

Issue notice to the respondent no.2. Steps to be taken within four days.

List this case on 31.08.2022. In the facts and circumstances of the case, the further proceedings of Complaint Case No.1947 of 2022, "Mahant Swami Rupendra Prakash vs. Gulshan Narang and Others", are stayed till the next date of listing.

(Alok Kumar Verma, J.) 29.07.2022

JKJ/Pant