Court No. - 48
Case :- APPLICATION U/S 482 No. - 18544 of 2018 Applicant :- Kalicharan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
List revised. None is present for the opposite party no.2 nor any counter affidavit is on record. However, learned counsel for the applicants and the learned AGA appearing for State are present.
On the request of learned counsel for the applicant and the learned AGA the Court is proceeding to decide the case finally.
This application has been filed with the prayer to quash the entire proceedings of case no. 867 of 2013 under Sections 352 and 504 IPC arising out of NCR No. 99 of 2013, P.S. Shahganj, District Jaunpur pending in the Court of Additional Chief Judicial Magistrate 1st, Jaunpur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned and perused the entire record carefully.
It is submitted by the learned counsel for the applicants that though the summoning order was passed in the year 2014 yet the applicants were not aware about the same as they were out-of the country. It is further submitted that in this matter initially one NCR was lodged, matter was investigated and thereafter charge-sheet for the offence under Sections 352 and 504 IPC was submitted. Though both offences are non-cognizable yet the concerned Magistrate on submission of charge-sheet took cognizance on 20.12.2013 and has issued coercive processes against the applicants. It is next contended that entire procedure adopted by the Court concerned is illegal. Prosecution in the present matter could only continue as complaint.
Learned AGA appearing for State opposed the prayer.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and also the provisions of Sections 352 and 504 IPC, in my opinion, the application is liable to be allowed, the coercive processes issued against applicants are liable to be set-aside and the entire proceedings of the case are liable to be quashed.
Accordingly, the application is allowed. Coercive processes issued against applicants are set- aside and the entire proceedings of case no. 867 of 2013 under Sections 352 and 504 IPC arising out of NCR No. 99 of 2013, P.S. Shahganj, District Jaunpur pending in the Court of Additional Chief Judicial Magistrate 1st, Jaunpur are quashed.
The Magistrate concerned is directed to pass fresh order on the charge-sheet in accordance with law.
Copy of this order be sent to the Magistrate concerned for communication and compliance.
Order Date :- 30.1.2019/safi