Court No. - 48
Case :- APPLICATION U/S 482 No. - 3112 of 2019 Applicant :- Khattu Sonkar And 04 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings as well as summoning order dated 21.12.2018 passed in Case No. 548 of 2018 (Soniya Devi Vs. Khattu Sonkar and others), under Sections 452, 323, 325, 427, 379, 506 IPC, pending in the court of Judicial Magistrate-IInd, Varanasi. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
Referring to the annexure no. 7, learned counsel for the applicants submits that for the same set of facts and date of offence, one FIR was lodged by one Soniya. Matter was investigated and charge-sheet was submitted. Applicants have obtained bail in this matter. Present complaint is also based on same set of facts. At this juncture, learned counsel for the applicants also referred to the injury report and argued that injury report itself is a fictitious document. Manipulation has been made in it. Offence is said to have been committed on 22.07.2017. Injury report is dated 21.07.2017. Thus, it is argued that summoning order passed in the matter is illegal.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and also keeping in view the provisions provided under Section 210 Cr.P.C. to deal with such situation, the application is disposed of with the direction to the applicants to move proper application under Section 210 Cr.P.C. within twenty days from today before the court concerned ventilating all the facts as has been raised in this application. If such application is moved, court concerned is hereby directed to pass appropriate order in accordance with law within one month of the filing of the application. No coercive action shall be taken against the applicants during that period.
With the above observations, the application stands disposed of.
Order Date :- 25.1.2019 Sanjeet