Court No. - 44
Case :- APPLICATION U/S 482 No. - 13644 of 2018 Applicant :- Smt. Aamina And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sunil Kumar Tiwari, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 11.12.2017 passed by the Additional Chief Judicial Magistrate, Court No. 6, Meerut, in Complaint Case No. 3191 of 2017 (Smt. Kahkashan Vs. Naseeruddin and others), under sections 323 and 406 IPC, as well as the entire proceedings of the above mentioned complaint case.
From the perusal of the application under section 156 (3) Cr. P.
C. filed by the opposite party No. 2, it is evident that the allegations had been levelled against the present applicants as well as others. However, the Court below by means of the summoning order dated 11.12.2017 has summoned only the present applicants. Why the mother-in-law and father-law have not been summoned is not explicit from the summoning order dated 11.12.2017, when admittedly the dispute is regarding partition of the share of the opposite party No. 2.
Learned counsel for the applicants further submitted before the Court that the allegations made in the application under section 156 (3) Cr. P. C. are highly improbable. He has further invited the attention of the Court to the averments made in paragraph No. 10 of the affidavit, and on the basis thereof contends that it is impossible for a person belonging to lower middle class to keep Rs. 10 lacs in cash at his house. On the aforesaid facts and circumstances, it is urged that the summoning of the present applicants is manifestly illegal.
Considering the aforesaid facts and circumstances, the Court is of the opinion that interest of justice shall be served provided the summoning order is quashed and the matter is remanded to the Court below to decide a fresh.
Accordingly, the summoning order dated 11.12.2017 is quashed and the matter is remanded to the Court below for passing a fresh summoning order in the light of the observations made herein above.
With the aforesaid observations, the present application is allowed.
Order Date :- 24.4.2018 HSM