Court No. - 68
Case :- APPLICATION U/S 482 No. - 2195 of 2019 Applicant :- Smt. Gulshan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 25.10.2018 passed by Additional Sessions Judge/F.T.C. 1st, Ghziabad in Criminal revision No. 95 of 2018 ( Mohd. Asif Saifi and others Vs. State of U.P. and another) arising out of order dated 23.11.2017 passed in complaint case no. 2548 of 2017 ( Smt.Gulshan Vs. Mohd Asif Saifi and others) under section 406, 354-A I.P.C. Police Station Kotwali, District Ghaziabad, pending in the court of learned Additional Sessions Judge/ F.T.C. 1st, Ghaziabad.
The contention of learned counsel for the applicant is that the applicant has filed a complaint against the opp. party nos. 2 to 4. In that case the opp. party no. 2 was summoned to face trial under section 406 I.P.C. and the opp. party nos. 3 and 4 were summoned to face trial under Section 354-A of Indian Penal Code. Against the summoning order dated 23.11.2017, the opp. party nos. 2 to 4 filed a criminal revision with delay condonation application wherein the opp. party nos. 2 to 4 have mentioned that they came to know about the summoning order dated 23.11.2017 on 27.4.2018 while the summon was served upon them. In fact, the summoning order was in the knowledge of the opp. party nos. 2 to 4 prior to 27.4.2018 and on 25.4.2018 the opp. party nos. 2 to 4 moved an application for the certified copy of the entire order sheet. Even then the revisional court has not considered this fact and has allowed the delay condonation application under section 5 of the Limitation Act of the opp. party nos. 2 to 4 vide order dated 25.10.2018 which is not in accordance with law.
On the other hand, learned A.G.A. argued that in this case, the summoning order was passed on 23.11.2017 in delay condoaton application under section 5 of the Limitation Act. The opp.party nos. 2 to 4 have mentioned the date of knowledge of summoning order as 27.4.2018. There is difference of two dates in between 25.4.2018 and 27.4.2018. Learned revisional court after considering the entire facts and circumstances of the case and in the interest of justice has allowed the delay codonation application of the opp. party nos. 2 to 4 with costs of Rs. 1000/-. There is no illegality or irregularity in the impugned order dated 25.10.2018 passed by the court below.
A perusal of record shows that the opp. party no. 2 has been summoned to face trial under section 406 I.P.C. and the opp. party nos. 3 and 4 have been summoned to face trial under section 354 -A I.P.C. vide order dated 23.11.2017. Against the summoning order, the opp. party nos. 2 to 4 filed a criminal revision with delay of condonation application under section 5 of the Limitation Act in which they have shown the date of knowledge of summoning order as 27.4.2018.
Learned counsel for the applicant submitted that in fact the proceeding of the case was in the knowledge of the opp. party nos. 2 to 4 and they have moved an application for the certified copy of the entire order-sheet of the case on 25.4.2018, therefore, it can not be said that the opp. party nos. 2 to 4 were not aware of the proceeding of the complaint case. There is difference only two days in between about the date of knowledge. In delay condonation application under section 5 of the Limitation Act it has been mentioned on behalf of the opp. party nos. 2 to 4 that they came to know about the summoning order on 27.4.2018 and the certified copy of the order sheet was issued to them on 27.4.2018.
Considering the facts and circumstances of the case, I don't find any ground to quash the impugned order dated 25.10.2018 passed by the court below, therefore, the prayer for quashing the same is hereby refused.
This application u/s 482 Cr.P.C. is hereby dismissed.
Order Date :- 21.1.2019 Gss