Court No. - 68
Case :- APPLICATION U/S 482 No. - 21864 of 2019 Applicant :- Jagannath And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Pandey 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 applicants with a prayer to quash the order dated 15.05.2018 passed Additional Sessions Judge, Court No. 5, Jaunpur, in Criminal Revision No. 343 of 2015 (Rajendra Prasad v. State of U.P. and others), allowing the revision and the summoning order dated 19.12.2018 passed by Judicial Magistrate-I, Jaunpur, in Complaint Case No. 570 of 2017 (Rajendra Prasad v. Jagannath), Police Station - Sujanganj, District - Jaunpur. Vide order dated 19.12.2018, the applicants have been summoned for the offence punishable under Sections 323, 504, 427 of I.P.C.
Learned counsel for the applicants contended that due to enmity, opposite party no. 2 Rajendra Prasad has lodged this complaint maliciously, with false allegation, only to harass the applicants. As per version of complaint and statement of opposite party no. 2/complainant under Section 200 of the Code, 18 persons assaulted the complainant and his wife by blunt object. Even so, none from the side of opposite party no. 2 has either been medically examined or has sustained any injury. Accordingly, no offence is made out against the applicants.
Per contra, learned A.G.A. has opposed the prayer and submissions made by learned counsel for the applicants.
Although it is a summon trial case, but in exercise of its extraordinary jurisdiction of this Court, it is directed that if the applicants apply for discharge through counsel within 30 days from today, the same shall be considered and decided by the court below by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive measure shall be adopted against the applicants.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 31.5.2019 I. Batabyal