Allahabad High Court
Ravikant Upadhyay And 2 Others vs State Of U.P. And Another on 21 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL APPEAL No. - 7745 of 2022 Appellant :- Ravikant Upadhyay And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Bablu Singh,Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Om Prakash Tripathi,J.
1. Heard learned counsel for the appellants, learned A.G.A for the State and also perused the record.
2. This criminal appeal has been filed by the appellants with a prayer to quash the summoning order dated 29.05.2019 as well as bailable warrant dated 10.11.2020 issued by the learned Additional Sessions Judge/Special Judge (SC/ST Act) Ballia in Complaint Case No.48 of 2017 (Deena Nath vs. Ravi Kant and others) under Sections 504, 506, 427 IPC read with Section 3(1)(da) SC/ST Act, Police Station Gadwar, District Ballia.
3. Learned counsel for the appellants submitted that complaint has been filed with mala fide intention. Civil suit is pending between the parties and to create undue pressure upon the appellants, this complaint has been instituted. There is no prima facie case against the appellants and summoning order may be set aside.
4. Learned AGA objected the prayer that on the basis of evidence on recorded under Sections 200 and 202 Cr.P.C., there is prima facie case against the appellant and interference by this Court is not required at this stage.
5. Perused the impugned order. On the basis of statement under Sections 200 and 202 Cr.P.C., appellants have been summoned. Trial Court found prima facie case against the appellants and prayer for setting aside summoning order is refused as I do not see any abuse of the courts process either. The court has been vested with sufficient powers to discharge the accused, if for reasons to be recorded it considers the charge to be groundless.
6. As requested, the appellants are permitted to move an application for discharge through counsel within a period of one month from the date of production of certified copy of this order. The concerned court shall decide the application on merits, strictly in accordance with law, within a period of three months.
7. Till disposal of discharge application, no coercive action shall be taken against the appellants.
8. With the above observations, this application stands disposed of.
Order Date :- 21.10.2022 Priya