Allahabad High Court
Parmeshwar Sharma vs State Of U.P. And Another on 25 June, 2010
Author: Virendra Singh
Bench: Virendra Singh
Court No. - 40 Case :- APPLICATION U/S 482 No. - 21534 of 2010 Petitioner :- Parmeshwar Sharma Respondent :- State Of U.P. And Another Petitioner Counsel :- Arvind Kumar,Vijay Kumar Rai Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been filed with prayer to quash the impugned order dated 28.01.2008 and 25.04.2009 passed by the Additional Chief Judicial Magistrate, Kushinagar in complaint Case No. 3841 of 2007 under Sections 323, 498A I.P.C. and section 3/4 of the Dowry Prohibition Act, P.S. Kasya, District Kushinagar.
There is no good ground on record to quash the impugned order dated 28.01.2008 by which the applicant/accused was summoned for the offence under Section 323, 498A I.P.C. and Section 3/4 Dowry Prohibition Act, as the prima facie case against the accused is made out on record. So far as the question of qushing the order dated 25.04.2009 is concerned by which learned magistrate sought to ensure the appearance of the applicant thereby issuing the N.B.W. against him. I do find expedient in the interest of justice that, though the magistrate concerned has a right to ensure the appearance of an accused persons by way of issuing of N.B.W., but without entering into merit of this fact that firstly any summon is issued or not against the applicant, the trial Court is directed to permit the applicant/accused to appear before the trial Court on date fixed without adopting coercive measure against him, if he voluntarily appears before the court and remains present as and when requred by the Trial Court and he may be heard as per provisions under Section 446A Cr.P.C., if any proceedings have been taken up against the accused in consequence of issuance of N.B.W. With the aforesaid observation, this application is accordingly disposed of.
Order Date :- 25.6.2010 Naresh