Court No. - 44
Case :- APPLICATION U/S 482 No. - 13607 of 2018 Applicant :- Dinesh Kumar Agarwal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mithilesh Kumar Shukla, 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 18.11.2017 passed by the Additional Chief Judicial Magistrate Court No. 12, Agra, in Complaint Case No. 2989 of 2015 (Rajendra Baghel Vs. Dinesh Kumar Agrawal) under Sections 147, 323, 504, 506, 420 IPC, P.S. Chhata, District Agra as well as the entire proceedings of the aforesaid complaint case.
Learned counsel for the applicants in support of his challenge to the impugned order, submitted that the present criminal proceedings have been initiated by the opposite party no.2 against the applicants only after criminal proceedings had been initiated by the present applicants against the opposite party No.2. The submission is that the present criminal proceedings initiated by the opposite party no.2 are counter blast to the proceedings initiated by the applicants.
From the perusal of the summoning order passed by the court below, it is explicitly clear that the Magistrate while passing the summoning order dated 18.11.2017 has recorded a categorical finding that the criminal proceedings initiated by the present applicants against opposite party no.2 in the year 2017 are in respect of an offence alleged to have occurred seven years ago. This recital contained in the summoning order could not be challenged by the learned counsel for the applicants. This being the position, no case for interference is made out. The application fails and is, accordingly, dismissed.
Order Date :- 24.4.2018 Arshad