Court No. - 55
Case :- APPLICATION U/S 482 No. - 42870 of 2018 Applicant :- Kaptan Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chand,Dushyant Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 19.07.2018 passed by Additional Sessions Judge, court no.3, Etah in Criminal Revision No.14 of 2018, Kaptan Singh and others vs. Smt. Imarti Devi and another and dated 16.01.2018 passed by A.C.J.M., Jalesar Etah in complaint case no.01 of 2016.
Learned counsel for the applicants submitted that opposite party no.2 moved an application under Section 156(3) Cr.P.C. against the applicants. The Magistrate treated the application as complaint case and summoned the applicants under Sections 420, 468 and 506 I.P.C. Trial of the case commenced before A.C.J.M., Jalesar Etah being complaint case no.01 of 2016 in which opposite party no.2 was examined herself as P.W.1, Elako as P.W.1 and Hari Singh as P.W.3. After examination of the prosecution witnesses statements of the applicants were recorded under Section 313 Cr.P.C.. Before the court below learned counsel for the applicants submitted that regarding the judgement of trial court as well as appeal of civil suit, no question was asked under Section 313 Cr.P.C. and nor opportunity was provided to the defense side of rebuttal, therefor, statement recorded under Section 313 Cr.P.C. cannot be read as evidence. Submissions advanced by learned counsel for the applicants were rejected by order dated 16.01.2018. Against the order dated 16.01.2018 the applicant filed a revision before the sessions court. Revision was also dismissed by order dated 19.07.2018.
He further submitted that both the impugned orders were passed without applying judicious mind and without giving any substantial reason.
Per contra learned A.G.A. vehemently opposed the submissions advanced by the learned counsel for the applicants and submitted that after considering the entire facts and circumstances of the case the Magistrate has passed the order dated 16.01.2018. The revisional court has dealt the matter in detail and do not find any illegality in the order passed by the Magistrate. Present application is devoid of merit and is liable to be dismissed.
I have heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
Courts below have rightly given finding that since civil suit is pending between the parties, therefore, outcome of civil suit was within the knowledge of the defence side, therefore, it cannot be said that defence has no knowledge about outcome of the civil suit and in the statement under Section 313 Cr.P.C. it is not necessary to ask any question about the pendency of civil suit. The defence side had been given sufficient opportunity to place the case before the court below.
In view of above, this Court do not find any merit in the submissions advanced by the learned counsel for the applicants. The present application is dismissed.
Order Date :- 29.11.2018 Asha (Chandra Dhari Singh,J.)