Court No. - 68
Case :- APPLICATION U/S 482 No. - 14648 of 2019 Applicant :- Smt Dipsi Opposite Party :- State Of Up And Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the Complaint Case No. 4213 of 2017 (Kapil v. Harnam Singh and others), under Section 384 I.P.C., Police Station - Sihani Gate, District - Ghaziabad as well as the summoning order dated 24.05.2018 passed by A.C.J.M., Court No. 3, Ghaziabad.
Learned counsel for the applicant contended that the applicant is wife of opposite party no. 2 Kapil Kumar. Kapil Kumar has not uttered a single word against the applicant, in his statement under Section 200 of the Code. Accordingly, no offence is made out against the applicant.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternate remedy is available to the applicant to submit application under Section 245(2) of the Code to get herself discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the complaint as well as the summoning order in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicant files an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicant.
With the aforesaid observation/direction, the instant application stands disposed of.
Order Date :- 29.4.2019 I. Batabyal