Allahabad High Court
Dev Ashish @ Mantoo And 2 Ors vs State Of U.P. And Anr on 27 November, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- APPLICATION U/S 482 No. - 5906 of 2019 Applicant :- Dev Ashish @ Mantoo And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.,Ashish Pandey Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by applicants, Dev Ashish @ Mantoo, Mridul Kumar @ Pintoo and Atul Kumar @ Sonu, with a prayer for quashing of impugned summoning order, dated 8.3.2017, passed by Additional Chief Judicial Magistrate, 10, Allahabad, in Criminal Complaint Case No. 595 of 2015, Kamlesh Kumar Yadav vs Dev Ashish @ Mantoo and others, under Sections 504 and 506 of Indian Penal Code, Police Station-Meja, District Allahabad, pending before the court of Additional Chief Judicial Magistrate, 10, Allahabad.
Learned counsel for the applicants argued that the applicants have been summoned on the basis of complaint, with regard to alleged telephonic conversation between the complainant and the accused persons, which was not substantiated by other witnesses because alleged conversation was between the complainant and the accused persons. Even then, the Magistrate, without any evidence about alleged conversation, passed impugned summoning order, as above. Hence, this Application for preventing abuse of process of law and securing ends of justice.
From very perusal of the application, moved, under Section 156 (3) of Cr.P.C., it is apparent that by means of this Application, a request was made for direction for registration and investigation of the case, wherein, accused persons have abused complainant and extended threat of dire consequences. This was treated to be a complaint by the court of Magistrate, wherein, complainant was examined, under Section 200 of Cr.P.C., and his statement was fully intact, which further stood supported by the statements of PW-1 and PW-2, who were examined, under Sections 202 of Cr.P.C. On the basis of this evidence, applicants have been summoned for offences, punishable, under Sections 504 and 506 of IPC, for which there was sufficient and prima facie evidence on record. This court, while exercising, inherent power, under Section 482 of Cr.P.C., may not embark upon factual aspect of the matter, which are to be seen during course of trial by the Trial court.
Accordingly, this Application, being devoid of merits, deserves to be dismissed.
However, a request is being made for a direction for consideration of bail.
In view of the prayer made, the Magistrate, concerned is directed to dispose of Bail Application, moved by the applicants, at the earliest, as per law propounded in Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of thirty (30) days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the Court below, within the aforesaid period, coercive action shall be taken against.
This Application, for invoking inherent jurisdiction of this Court, under Section 482 of Cr.P.C., merits dismissed and it stands dismissed accordingly.
Order Date :- 27.11.2019 bgs/