Court No. - 44 Case :- APPLICATION U/S 482 No. - 14679 of 2018 Applicant :- Ajendra Kumar Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anurag Sharma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application has been filed under section 482 Cr.P.C. for quashing of the order dated 16.11.2017 passed by Additional Sessions Judge, Court No. 12, Meerut in Criminal Revision No. 394 of 2016 (Rajendra Kumar Jain and another Vs. Ajendra Kumar Jain) whereby the Additional Sessions Judge Court No.12, Meerut has set aside the summoning order dated 24.08.2016 in which opposite party nos. 2 and 3 was summoned under section 500 IPC in complaint case no. 906 of 2014,P.S. Nauchandi, District Meerut.
The applicant filed a complaint case no. 906 of 2014 against opposite party nos. 2 and 3 with allegation that for the conduct of opposite party nos. 2 and 3 in order to harm the applicant makes representation published with intent to imputation concerning the applicant to harm the reputation of the applicants. Thereafter statements under section 200 and 202 Cr.P.C. were recorded. Thereafter the ACJM Court No.4, Meerut on 24.08.2016 summoned to the opposite party nos. 2 and 3 to fact trial under section 500 IPC in the aforesaid complaint. Against the said summoning order passed by ACJM Court No. 4, Meerut dated 24.08.2016 the opposite party nos.2 and 3 preferred the criminal revision no. 394 of 2016 before the Sessions Judge, Meerut.
Learned counsel for the applicant submits that the Additional Sessions Judge, Court No.12 vide order dated 16.11.2017 without appreciating the evidence and the provisions contained in section 499 IPC illegally set aside the summoning order dated 24.08.2016 and remanded the matter back to the Magistrate concerned to pass fresh order. The order dated 16.11.2017 has been passed without applying its judicial mind and contrary to law settled by this Court as well as Hon'ble Apex Court.
Learned Additional Government Advocate appearing for the State- respondent submitted that since the matter has been remanded back to the Magistrate concerned to decide the matter afresh after hearing both the parties.
In view of the facts and circumstances of the case, I do not find any merit in this application under section 482 Cr.P.C., the same deserves to be dismissed.
Accordingly, the application under section 482 Cr.P.C. is dismissed.
Applicant is at liberty to file objections before the court concerned in accordance with law.
Order Date :- 30.4.2018 Prajapati