Allahabad High Court
Shiv Naresh Singh & Ors. vs State Of U.P. & Anr. on 4 September, 2020
Author: Virendra Kumar Srivastava
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- U/S 482/378/407 No. - 2044 of 2020 Applicant :- Shiv Naresh Singh & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Virendra Kumar Srivastava,J.
In view of the Covid-19 pandemic, the matter is being heard through video conferencing.
Heard learned counsel for the applicants, Sri K.N. Mishra, learned A.G.A., Sri Hansraj Verma and peruse the record.
This application under Section 482 Cr.P.C. has been filed for quashing the judgment and order dated 06.01.2020 passed by the learned Additional Sessions Judge/ F.T.C. No.1, Gonda in Criminal Revision No. 103/2019 (Anand Nath Pandey Vs. State of U.P. & Ors.) and order dated 02.03.2020 passed by the learned IIIrd Additional Civil Judge (J.D.)/Judicial Magistrate, Gonda in compliant Case No. 1153/2018.
Learned counsel for the applicants submit that the applicants are innocent and falsely implicated in this case. Learned counsel for the applicants further submits that initially on the complaint filed by the opposite party no.2, the applicants were summoned on 25.03.2019 under Sections 323, 504, 506 I.P.C.
Learned counsel further submits that aggrieved by the said order the opposite party no.2 filed a revision before the revisional court, who vide order dated 06.01.2020 by holding this case the offence under Section 392 I.P.C. was also made out and directed the Magistrate to pass a fresh order in the light of observation made in the revisional court's order. Learned counsel for the applicant further submits that thereafter in compliance and revisional court order, the learned Magistrate without applying his mind passed the impugned order dated 02.03.2020 whereby the applicants have been summoned under Sections 323, 504, 506, 452 and 392 I.P.C.
Learned counsel for the applicants submit that he is not pressing this case on merit, at this stage. He further submits that since the present matter has been arisen out from the complaint filed by the opposite party no.2, he may be allowed to file a discharge application by invoking the provision of Section 245(2) Cr.P.C.
Learned A.G.A has no objection.
In view of the submission made by learned counsel for the applicant, the prayer for quashing the entire aforesaid proceeding is refused, however, it is provided that if the applicants appear before the concerned Magistrate and file a discharge application by invoking the provision of Section 245(2) Cr.P.C. within 30 days, the learned Magistrate after providing an opportunity of hearing to both the parties may decide the said discharge application according to law.
Till the filing of discharge application (30 days), no coercive steps shall be taken against the applicants namely Shiv Naresh Singh, Subedar Singh, Thanedar Singh, Ram Het and Dhani Ram Yadav.
With the aforesaid observation, the present application is disposed of.
Order Date :- 4.9.2020 Gaurav/-