Court No. - 64
Case :- APPLICATION U/S 482 No. - 17055 of 2019 Applicant :- Kamran Ali Khan And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned AGA in opposition.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 30.08.2018 in Complaint Case No.6079 of 2018, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Kotwali, District Shahjahanpur, pending in the court of C.J.M., Shahjahanpur, District Shahjahanpur.
In this case, the controversy is that opposite party no.2 after filing the FIR on the similar facts twice has now filed complaint against the applicants on 17.07.2018, which culminated into complaint case after recording the statement of complainant under Section 200 and 202 Cr.P.C. Learned counsel for the applicants has also brought to the notice of this Court the copy of the FIR, which is annexed on page no.34 to the affidavit- Annexure No.5, which also contains more or less the same allegations of the FIR as made in the complaint moved by the opposite party no.2.
Also heard the learned AGA.
At this stage, the provisions of Section 210 Cr.P.C. are very much applicable when there is a complaint case and some investigation is going on relating to the same offence by the police, then the Magistrate is duty bound to consider the same and act and proceed in accordance with law.
Considering the above submissions, it obvious that if the facts and circumstances are analysed with the mandate and spirit at provisions of Section 210 Cr.P.C., then it is clear that both the proceedings can be managed by passing appropriate order under Section 210 Cr.P.C. Admittedly, no application was moved by the applicants before lower court for taking recourse to the provisions of Section 210 Cr.P.C. Therefore, the applicants may first approach the court of first instance for redressal of their grievance by moving appropriate application under Section 210 Cr.P.C. within a period of three weeks' from today. The court of first instance shall pass reasoned and speaking order on the application of the applicant in accordance with law.
For a period of three weeks' from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
It is made clear that observation so made shall not touch the merit of the case.
Order Date :- 29.4.2019 Raj