Court No. - 55
Case :- APPLICATION U/S 482 No. - 42432 of 2018 Applicant :- Binit Kumar And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kaushlendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for setting aside of the impugned order dated 26.5.2018 passed by the Chief Judicial Magistrate, Kannauj in Complaint Case No. 1956 of 2017 (Smt. Rachana Katiyar Vs. Binit Kumar and others), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Kannauj, District Kannauj.
The contention of learned counsel for the applicants is that in the summoning order dated 26.5.2018, whereby the accused were summoned to face trial under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, has been passed without applying judicial mind. Learned counsel appearing on behalf of the applicants further submitted that the Magistrate concerned has not given specific reasons for issuing summons to the applicants for the offences, as stated above. He relied upon a judgment rendered by Hon'ble Apex Court in the case of Preeti Gupta & Another Vs. State of Jharkhand & Another reported in 2010 (7) SCC 667. Learned counsel for the applicants submitted that the initiation of proceedings against the applicants is nothing but a gross misuse of process of law and there are several contradictions in the statements recorded under Section 200 and 202 Cr.P.C. as well as in the complaint filed before the Magistrate.
Learned A.G.A. vehemently opposed the submissions advanced by learned counsel for the applicants by submitting that after considering the statements of 200 and 202 Cr.P.C. as well as other relevant materials available on record prima facie the Magistrate concerned is satisfied that the present applicants may be tried for the offence punishable under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act.
From the perusal of impugned summoning order, statement recorded under Sections 200 and 202 Cr.P.C. and the complaint, it appears that there are no substantial contradiction and prima facie summoning the applicants in the present case cannot be held as illegal arbitrary and without applying judicial mind.
With the aforesaid observation, this application is dismissed. Order Date :- 27.11.2018 NS