Allahabad High Court
Dr. Ram Chandra And Another vs State Of U.P. Thru. Secy. Home Lko. And ... on 9 February, 2023
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 1057 of 2023 Applicant :- Dr. Ram Chandra And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Surya Kumar Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed by the counsel for the applicants is taken on record.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
In view of order proposed to be passed, issuance of notice to opposite party no.2 is dispensed with.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 6.1.2023 passed by learned CJM, Balrampur in Complaint Case No. 1254 of 2020 under Sections 352,323,504,506 I.P.C., Police Station- Kotwali Nagar, District- Balrampur.
Learned counsel for applicants has submitted that initially, the opposite party no.2 moved an application U/s 156(3) CrPC against the applicants on 14.12.2020 and the said application was treated as complaint case. Thereafter, on the basis of statements of the opposite party no.2/complainant and other witnesses namely, Maina Devi and Manorama Singh recorded U/s 200 & 202 CrPC on 2.4.2021 and 29.4.2021, respectively. On 6.1.2022, the learned CJM rejected the complaint U/s 203 CrPC. Being aggrieved with this order, the opposite party no.2 moved the revision bearing No. 7/2022 in which the revisional court allowed the revision of opposite party no.2 directing the learned Magistrate to pass a fresh order vide order dated 20.9.2022. Thereafter, in pursuance of revisional court's order, learned Magistrate again passed summoning order against the applicants to face trial U/s 352,323,504,506 IPC.
The counsel for the applicants further submits that the applicants are innocent and have been falsely implicated in the case. No disclosed offence is made out against the applicants. It is further submitted that the opposite party no.2 arraigned the applicant no.1 in the name of designation i.e. Basic Shiksha Adhikari. Thus, the criminal proceedings could not be initiated against the name of designation. Crime is only against the particular individual and it is not related to his post. But this aspect was not considered by neither the revisional court nor by the learned Magistrate while passing the impugned orders. Prima facie, summoning order is cryptic against the settled principle of criminal law.
Consequently, summoning order passed by the learned CJM is hereby quashed and learned trial court is hereby directed to pass a fresh summoning order after giving the opportunity to the applicants.
With these observations/directions, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 9.2.2023 Shravan