Allahabad High Court
Ravi Nagar And Another vs State Of U.P. And Another on 4 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- APPLICATION U/S 482 No. - 43049 of 2022 Applicant :- Ravi Nagar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 01.04.2021, passed by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad as well as entire criminal proceeding of Complaint Case No. 3083 of 2019 (Smt. Preeti @ Ragini vs. Ravi Nagar & others), under Sections - 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station - Shikohabad, District - Firozabad, pending in the court of Additional Chief Judicial Magistrate, 2nd, Shikohabad, Firozabad.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly summoned the applicants under Sections - 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal, which requires no interference by this Court.
Perusal of the record itself reflects that at this stage, it cannot be said that prima facie evidence is lacking for summoning the applicants under Sections - 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act.
Considered the above submissions and the contents disclosed in the complaint. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within six weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
For a period of six weeks from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 4.1.2023 S Rawat