Court No. - 67
Case :- APPLICATION U/S 482 No. - 18564 of 2013 Applicant :- Maulana Sarvar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- Govt. Advocate,F.A.Alvi
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned private opposite party, learned AGA and perused the record.
By means of the instant application filed under section 482 Cr.P.C., the applicant is assailing veracity and validity of order dated 01.02.2013 passed by the Chief Judicial Magistrate, Sant Kabir Nagar in Complaint Case No. 204 of 2012 (Inamullah v. Maulana Sarvar and others), under sections 452, 504 and 427 IPC, P.S. Kotwali Khalilabad, District Sant Kabir Nagar whereby the applicant has been summoned to face prosecution for the aforesaid offence.
The allegation made in the aforesaid complaint is that the applicant is an Imam, who was supposed to get conducted Nikah of Ayesha, daughter of the complainant with one Abu Hurraira but due to some misunderstanding between the parties, he declined to get conducted the Nikah. On this basis alone, the court concerned has summoned the applicant to face prosecution in the aforesaid offence.
Taking into account the over all facts and circumstances, this Court finds no good reason to continue with the criminal proceedings in the aforesaid complaint case rolling before the court concerned.
Hence, the summoning order dated 01.02.2013 passed in Complaint Case No. 204 of 2012 (Inamullah v. Maulana Sarvar and others), under sections 452, 504 and 427 IPC, P.S. Kotwali Khalilabad, District Sant Kabir Nagar is hereby set aside only against the applicant- Maulana Sarwar and the criminal proceedings rolling in the aforesaid case against Maulana Sarwar is quashed.
The application filed under section 482 Cr.P.C. is, accordingly, allowed.
Order Date :- 30.4.2019 shailesh