Court No. - 38
Case :- APPLICATION U/S 482 No. - 22294 of 2019 Applicant :- Karmveer And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamla Kant Srivastava,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the criminal proceedings of Complaint Case No. 448 of 2018, under section 427 I.P.C., pending in the court of Judicial Magistrate, Baghpat.
Learned counsel for the applicant submits that earlier NCR dated 01.08.2013 was filed in which charge sheet was submitted under Section 427 I.P.C., which was treated as State case. Against that, applicants have filed Application U/S 482 No. 3819 of 2014 and submitted that the present case is inviting attention of Section 2(d) of Cr.P.C. and ultimately, application was disposed of by this Court vide order dated 10.2.2014. In compliance of the order dated 10.02.2014, the present case was treated as complaint case and proceedings were initiated. He further submits that on the date fixed by the court below, complainant has never appeared and therefore, applicants have moved an application dated 12.12.2018 under section 256 Cr.P.C. before Judicial Magistrate, Baghpat for dismissal of complaint. The court below has passed order dated 12.4.2019 and recorded that notice is given to complainant as last opportunity to appear before the court, otherwise case would be dismissed. Similar order has again been passed on 19.4.2019, but on 22.4.2019 instead of dismissing the application, accused was summoned under section 251 Cr.P.C. It is further submitted that the applicant has filed an application under Section 256 Cr.P.C. prior to passing of order dated 22.4.2019, therefore, in light of Section 256 Cr.P.C., it is required on the part of the court below to decide the application and reject the criminal proceeding.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case on 24.7.2019 before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants.
Order Date :- 6.6.2019 Rmk.