Allahabad High Court
Ashok Kumar And 3 Ors vs State Of U.P. And Another on 5 March, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- APPLICATION U/S 482 No. - 8419 of 2020 Applicant :- Ashok Kumar And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Bhushan Srivastava,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the criminal proceeding of Complaint Case No. 379 of 2016 (Kailash Vs. Ashok Kumar and others) as well as summoning order dated 15.12.2017, under Sections 323, 504, 506 I.P.C. and Section 3(1) X SC/ST Act in respect of Ashok Kumar and Trilok Kumar and under Sections 342 & 506 I.P.C. in respect of Prabodh Kumar and Navneet Kumar, Police Station Khutar, District Shahjahanpur including order for bailable warrant dated 25.4.2019 pending in the court of Additional Chief Judicial Magistrate 2nd, Shahjahanpur.
Learned counsel for the applicants submits that a frivolous F.I.R. was lodged, which was registered at Case Crime No.396 of 2015, under Sections 323, 504, 506 and 147 I.P.C. and Section 3(1) X SC/ST Act, Police Station Khutar, District Shahjahanpur and charge sheet was submitted exonerating the applicants. A complaint Case No. 379 of 2016, under Sections 323, 504, 506, 147 I.P.C. and Section 3(1)X SC/ST Act was filed upon which summoning order dated 15.12.2017 was issued. It is next submitted that summoning order is barred by Section 210 Cr.P.C. and it was on the part of the learned Magistrate to call for a report, therefore, the order is bad in law and liable to be quashed.
Considering the facts and circumstances of the case, this application is disposed of with liberty to the applicants to file an application under Section 210 Cr.P.C. before the Magistrate concerned within three weeks from today. In case such application is filed, the learned Magistrate concerned is directed to consider and decide the same in accordance with law maximum within four weeks from the date of filing of the application.
Further proceeding in Complaint Case No. 379 of 2016 (Kailash Vs. Ashok Kumar and others) as well as summoning order dated 15.12.2017, under Sections 323, 504, 506 I.P.C. and Section 3(1) X SC/ST Act in respect of Ashok Kumar and Trilok Kumar and under Sections 342 & 506 I.P.C. in respect of Prabodh Kumar and Navneet Kumar, Police Station Khutar, District Shahjahanpur shall remain stayed for a period of two months from today or till disposal of the application under Section 210 Cr.P.C. whichever is earlier. In case any application under Section 210 Cr.P.C. is not filed within three weeks, learned Magistrate concerned is free to proceed further in accordance with law in the aforesaid compliant case.
Order Date :- 5.3.2020 Rmk.