Court No. - 68
Case :- APPLICATION U/S 482 No. - 21731 of 2019 Applicant :- Manjur And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicants for quashing the summoning order dated 15.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 3, Aligarh in Complaint Case No. 1385 of 2018 (Anwar Vs. Manjur and others), Police Station Harduaganj, District Aligarh whereby applicants have been summoned for the offence punishable under Sections 323, 504, 506 and 406 IPC.
Learned counsel for the applicants contended that Ikrar and Abrar both the son of opposite party no.2 have been married with Ruby @ Rubina and Sauni respectively. Both Ruby @ Rubina and Sauni, daughters of applicant no. 3 Salman @ Fakira, have filed complaint against the opposite party no. 2 Anwar and his family members. In counter blast, opposite party no.2 has filed this complaint maliciously with false allegation only to harass the applicants. As per version of the complaint, applicants have taken loan of Rs. 70,000/- from the opposite party no.2 Anwar. On demand being made by opposite party no.
2 Anwar, they refused to return the loan amount. Accordingly, no offence under Section 406 I.P.C. is made out.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 AKT