Allahabad High Court
Maisar Ahmad And Another vs State Of U.P. And Another on 23 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 1681 of 2023 Applicant :- Maisar Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Chandra Narayan Mishra, learned counsel for the applicants, Sri U.P. Singh, learned counsel for the State and perused the record. The present application under Sections 482 Cr.P.C. has been filed by the applicants Maisar Ahmad and Sartaj Ali, with the following prayers :-
It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash entire proceeding of the Case No. 4879 of 2022 (State vs. Nasir Ahmad@Nassan and others) as well as summoning order dated 30.08.2022 arising out of Case Crime No. 171 of 2021, under Sections 323, 504, 506 of I.P.C., Police Station Manjhanpur, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of the Case No. 4879 of 2022 (State vs. Nasir Ahmad@Nassan and others) as well as summoning order dated 30.08.2022 arising out of Case Crime No. 171 of 2021, under Sections 323, 504, 506 of I.P.C., Police Station Manjhanpur, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi, during the pendency of aforesaid application before this Hon'ble Court.
And/or pass such other and further order may deem fit and proper under the facts and circumstances of the case."
Learned counsel for the applicants argued that although charge sheet has been submitted under Sections 323, 504, 506 I.P.C. against the accused persons including the applicants but they have been summoned under Section 420 I.P.C. also apart from sections mentioned in the charge sheet vide order dated 30.8.2022 passed by the Chief Judicial Magistrate, Kaushambi. It is argued that the same is without application of mind. Learned counsel has further argued that the dispute between the parties is civil dispute and civil litigation is going on between them. It is argued that there is no evidence whatsoever against the applicants. It is argued that the present case is a case of no injury and no medical examination of the opposite party no. 2 was done, para-11 of the affidavit has been placed before the Court to buttress the said argument. It is argued that as such the proceedings are malafides and are abuse of process of the court and as such deserves to be quashed.
Per contra, learned State counsel opposed the prayer for quashing. It is argued that the court concerned was within its powers to peruse the records and summon the accused persons under the relevant sections as would make out from the records. It is argued that as such the trial court has exercised its jurisdiction and has summoned the applicants to face trial under the said sections. It is argued that objection, if any, has to be raised by the applicants at the stage of discharge.
After having heard learned counsels for the parties and perusing the records, it is evident that a First Information Report was lodged on the basis of an application under Section 156(3) Cr.P.C. moved by the opposite party no. 2 against the applicants and three other accused persons. The allegations therein are that the accused persons have committed forgery and have sold out the land of the first informant by executing a sale deed on 31.1.2019. On 12.2.2021 at about 6.00 P.M. the accused persons came to the house of the first informant and abused him and threatened him to take back his case otherwise he would loose his life. They also entered into his house, assaulted him and ransacked his house. The accused persons also snatched golden chain from the informant. There was continuous demand of the accused persons to withdraw the case filed by him. The F.I.R. has thus been lodged. Investigation concluded and charge sheet has been submitted against the accused persons including the applicants. The trial court summoned the applicants vide order dated 30.8.2022. It is well settled principle of law that the court, while summoning the accused and passing an order under Section 204 Cr.P.C., is not mere a spectator to pass a mechanical order but has to apply its mind and summon the accused in the sections which are made out against them. The order dated 30.8.2022 impugned herein goes to show that the court has perused the case diary and has taken cognizance on it and then summoned the applicants to face trial. There is no irregularity or illegality in the same. The applicants have a remedy to raise all objections at the appropriate stage in the trial.
The present application lacks merit and is dismissed.
(Samit Gopal,J.) Order Date :- 23.1.2023/Naresh