Court No. - 68
Case :- APPLICATION U/S 482 No. - 16161 of 2019 Applicant :- Lokesh And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harsh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 04.10.2018 as well as entire proceeding in Complaint Case No.448 of 2018 (Babita Vs. Lokesh and others), under Section 406 I.P.C., P.S. Babugarh, District- Hapur.
Learned counsel for the applicants contended that even as per version of the complaint, opposite party no.2, Smt. Babita has not specified the person to whom, she has entrusted the streedhan. Accordingly, no offence under Section 406 I.P.C. is made out against the applicants.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicants and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicants to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the summoning order as well as entire proceeding in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicants file an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicants.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 29.4.2019 Radhika