Court No. - 64
Case :- APPLICATION U/S 482 No. - 16049 of 2019 Applicant :- Krishna And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the summoning order dated 24.01.2019 passed by the Additional Sessions Judge, Court No.8 / Special Judge (POCSO Act), Bulandhshar, in Complaint Case No.10 of 2018, Smt Reshma Vs. Krishna and others, under Sections 354B I.P.C. and 7/8 POCSO Act, Police Station Khurja Nagar, District Bulandhshar.
Contention raised on behalf of the applicants is confined to the extent that prior to institution of the complaint, the first information report was lodged against the applicants under relevant Sections of I.P.C. and POCSO Act wherein after the investigation, final report was submitted, on being protested, the protest petition was also rejected in 2017 and opposite party no.2 mischievously concealing all facts as alleged in the first information report has instituted the complaint against the applicants. In the event of acceptance of the final report, rejection of the protest petition in 2017 has become final against opposite party no.2 who tried to obtain summoning order concealing substantial legal as well as factual aspect of the case. Had this aspect been brought to the notice of the court concerned then the court concerned would have passed order under Section 203 Cr.P.C. rejecting the complaint itself.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants under Sections 354B I.P.C. and 7/8 POCSO Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned AGA has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously the contentious issue raised can not be gone into by this Court at this stage and whatever objection the applicants have against the summoning order, the same can be raised before the court below instead of raising the same before this Court and the court below shall, upon presentation of such application, dispose of the same on its merits.
Thus, in view of above, it is provided that in case the applicants appear and move application before the court concerned within four weeks from today, raising objection against the summoning order, the same shall be considered and disposed of by the court concerned in accordance with law after giving opportunity of hearing to the parties, expeditiously.
For a period of four weeks from today or till disposal of the application, whichever is earlier, 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.
Order Date :- 25.4.2019 rkg