Court No. - 44
Case :- APPLICATION U/S 482 No. - 13124 of 2014 Applicant :- Sharma Maurya And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.P. Kushwaha,P.K. Kushwaha Counsel for Opposite Party :- Govt. Advocate,Sriprakash Dwivedi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the summoning order dated 03.04.2014 passed by the Additional Chief Judicial Magistrate-I, Mirzapur, in Complaint Case No.794 of 2013 Jagdish Vs. Sharma Maurya and others under Sections 452, 323, 504, 506 IPC and 3 (1) 10 SC/ST Act, Police Station Kotwali Dehat, District Mirzapur.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants under Sections 452, 323, 504, 506 IPC and 3 (1) 10 SC/ST Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned AGA has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Perusal of the record itself reflects that at this stage, it cannot be said that prima facie evidence is lacking for summoning the applicants under Sections 452, 323, 504, 506 IPC and 3 (1) 10 SC/ST Act.
Considered the above submissions and the contents disclosed in the complaint. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 7.11.2017 rkg