Court No. - 64
Case :- APPLICATION U/S 482 No. - 17243 of 2019 Applicant :- Anamika Alias Jeetu And Anr Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the summoning order dated 29.10.2018 passed by Chief Judicial Magistrate, Amroha, in Complaint Case No.9814 of 2018 State Vs. Anamika @ Jeetu and another, under Sections 27 (b) (ii), 28, 28 A of Drugs and Cosmetic Act, 1940, Police Station Amroha Dehat, District Amroha.
Contention raised on behalf of the applicants is confined to the ambit that in this case, virtually the first information report was lodged in the year 2017 and the case was investigated into and charge sheet was filed against applicant no.1 who obtained bail. However, after lapse of one year on the same facts and same grounds, the complaint was instituted against the applicants.
It has been further added that surprisingly, the complaint was moved on 30.10.2018 and the cognizance was taken but the Chief Judicial Magistrate, Amroha has passed the summoning order on 29.10.2018.
Per contra, learned A.G.A. has submitted that in fact the complaint in question was moved by opposite party no.2 against the applicants on 30.10.2018. It appears that due to clerical mistake per chance date 30.10.2019 was noted as 29.10.2018.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously the contentious issue raised can not be gone into by this Court at this stage and whatever objection the applicants have against the summoning order, the same can be raised before the court below instead of raising the same before this Court and the court below shall, upon presentation of such application, dispose of the same on its merits.
The court below is further directed to look into the matter how the complaint moved on 30.10.2018 was taken to have been moved on 29.10.2018, cognizance was taken and the summoning order was passed by it on 29.10.2018.
Thus, in view of above, it is provided that in case the applicants appears and moves application before the court concerned within 15 days from today, raising objection against the summoning order, the same shall be considered and disposed of by the court concerned in accordance with law after giving opportunity of hearing to the parties, expeditiously.
For a period of 15 days 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 :- 30.4.2019 rkg