Allahabad High Court
Sompal And 2 Others vs State Of U.P. And Another on 29 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:98677 Court No. - 89 Case :- APPLICATION U/S 482 No. - 13423 of 2024 Applicant :- Sompal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shaafi,Shujauddin Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicants and learned A.G.A for the State.
2. The present 482 Cr.P.C. application has been filed against the summoning order dated 16.01.2024 passed by Additional Civil Judge (J.D.), Court No. 3, Rampur in Criminal Complaint Case 14/2023 (Poonam Vs. Sompal and Others), U/S 354 I.P.C., P.S. Ajim Nagar, District Rampur, pending in the Court of Learned Additional Civil Judge(J.D.), Court No. 3, Rampur.
3. It is submitted that applicant no. 1, lodged an N.C.R against the husband of opposite party no. 2 and two other persons in case crime no. 156 of 2023, under Sections 323, 504 I.P.C. After investigation, Section 324 I.P.C has been increased by Investigating Officer and charge sheet was submitted. There is enmity between the applicants and husband of opposite party no. 2. In retaliation, opposite party no. 2, moved an application under Section 156(3) of Cr.P.C. with ulterior motive which was treated as complaint and applicants are summoned to face the applicants. There are material contradictions in the statements of opposite party no.2 and her witnesses. The present proceedings are initiated as a counter blast by opposite party no. 2, just to put pressure upon applicants for compromise in the matter.
4. Per contra, learned A.G.A opposed the prayer made by the applicants and submitted that summoning order was passed on the basis of primary evidence.
5. Considering the facts and circumstances of the case and after going through the available record, the prayer to quash the summoning order dated 16.01.2024 is refused.
6. However, it is provided that in case, the applicants appear before the court below within 30 days from today and apply for bail, their bail applications be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing both the parties.
7. For a period of 30 days from today or till the applicants surrender and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case.
8. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 29.5.2024 PS