Allahabad High Court
Shiv Virendra Singh @ Pappu Singh & Anr. vs State Of U.P. & Anr. on 28 February, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- U/S 482/378/407 No. - 1357 of 2020 Applicant :- Shiv Virendra Singh @ Pappu Singh & Anr. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Amrendra Singh Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A. for the State.
By means of the instant petition, the applicants has assailed his summoning order dated 13.12.2017 passed by the First Additional Chief Judicial Magistrate, Bahraich in Complaint Case No. 2050 of 2018 wherein the petitioner has been summoned under Sections 323, 504, 506 I.P.C.
The submission of learned counsel for the applicant is that the initial proceedings have been initiated as a counter blast, inasmuch as, the sister of the applicant had already instituted a complaint against the husband of the respondent no. 2. It has been submitted that in the aforesaid case, the husband of the respondent no. 2 was charge sheeted and he was summoned on non-bailable warrants. However, only to create the pressure, the instant proceedings have been instituted which is nothing but an abuse of process of law.
The learned A.G.A. has opposed the petition and has submitted that the Court generally does not interfere with the summoning orders, inasmuch as, it is the wisdom of the Court which examines the material before it and thereafter passes the summoning order, the submission of the applicant may be a defence, however, it is not sufficient to quash the proceedings.
Considering the aforesaid, at this stage, the learned counsel for the petitioner submits that he may be permitted to move an application seeking his discharge from the proceedings.
Considering the aforesaid, this Court is of the view that the petition can be disposed of with the liberty to the petitioner to make an application for discharge before the Court concerned within a period of 3 weeks, in case, if such an application is moved, the Court shall consider the same and decide it on merits after affording an opportunity of hearing to the parties within a period of one month thereafter.
Till then, no coercive action shall be taken against the petitioner.
With the aforesaid, the petition is disposed of.
Order Date :- 28.2.2020 Asheesh