Court No. - 73
Case :- APPLICATION U/S 482 No. - 27267 of 2019 Applicant :- Laxmi Narayan Tayal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Radhey Shyam Dwivedi 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 applicant (complainant) with the prayer to initiate criminal proceedings against the accused persons (opposite parties no.2 to 4) in complaint case no. 2056 of 2015 under Sections 323, 325, 504, 506 IPC as well as under section 308 IPC, Police Station Modi Nagar, District - Ghaziabad pending in the Court of Addl. Chief Judicial Magistrate, Court No.5, Ghaziabad.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
In the instant case, perusal of the record demonstrates that opposite parties no.2 to 4 were summoned for the offence under sections 323, 325, 504, 506 IPC on 14.5.2019 by the Magistrate concerned. Submission of learned counsel for the applicant is that offence under section 308 IPC is also made out against the accused persons. The Magistrate concerned, while passing the summoning order, did not take into account the grievous injury received by the applicant (complainant) in the incident. Therefore, summoning order needs to be modified and criminal proceedings under section 308 IPC be also initiated against the accused persons.
If the submission of learned counsel for the applicant is compared with the facts and evidence available on record, no illegality, infirmity or perversity is found in the summoning order. If offence under section 308 IPC is made out against the accused persons, applicant (complainant) is at liberty to raise this question before the court concerned at appropriate stage during trial, as the court concerned is enough competent to modify / alter the charge.
With the above observation, the application stands disposed of.
Order Date :- 25.7.2019 ss