Court No. - 68
Case :- APPLICATION U/S 482 No. - 21606 of 2019 Applicant :- Indrapal And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Parmar,Hariom Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicants for quashing the summoning order dated 02.02.2019 passed by 3rd Additional Sessions Judge/Special Judge, Hamirpur in Complaint Case No.81 of 2018 (Smt. Asha Devi Vs. Indrapal and others), Police Station Rath, District Hamirpur whereby applicants have been summoned for the offence punishable under Sections 392, 323, 452, 504, 506 IPC.
Learned counsel for the applicants contended that applicant no. 1 Indrapal has lodged report of non- cognizable offence against Ramkesh husband of opposite party no. 2 Smt. Asha and his family members. Applicant no. 3 Smt. Prema Devi wife of applicant no.1 Indrapal also lodged an F.I.R. under Section 308 I.P.C. against the husband of opposite party no.2 and his family members. Opposite party no. 2 has filed this complaint maliciously with false allegation only to harass the applicants in counter blast of the N.C.R. and F.I.R lodged by applicant no.1 and applicant no.3 respectively. As per version of the complaint eight persons entered into the residence of opposite party no.2 and assaulted her with blunt object lathi and danda. Even so, opposite party no. 2 Smt. Asha Devi has neither sustained any injury nor has been medically examined. Accordingly, no offence is made out.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 AKT