Court No. - 44
Case :- APPLICATION U/S 482 No. - 29553 of 2018 Applicant :- Devdutt Tyagi Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mohit Kumar Singh, 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 order dated 09.07.2018 passed by the Judicial Magistrate, Sardhana Meerut in Complaint Case No. 452 of 2018 (Devdutt Tyagi Vs. Sonu) under Sections 323, 627, 504, 506 and 120-B I.P.C., Police Station-Saroorpur, District-Meerut whereby the accused persons have been summoned only under Section 323 I.P.C.
Admittedly, the order dated 09.07.2018 is revisable in terms of Section 397 Cr.P.C. The Apex Court in the Case of Mohit @ Sonu & Anr vs State Of U.P. & Anr reported in 2013 (7) SCC 789 has clearly held that where there is remedy available under the Code of Criminal Procedure then in that eventuality, the application under Section 482 Cr.P.C. shall not lie.
In view of the above, the application under Section 482 Cr.P.C. is not maintainable. It is accordingly dismissed as not maintainable.
Order Date :- 17.9.2018 YK