Court No. - 68
Case :- APPLICATION U/S 482 No. - 21844 of 2019 Applicant :- Mayank Agrawal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for 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 23.01.2019 passed by Additional Chief Judicial Magistrate, Court No. 12, Agra as well as the entire proceedings of Complaint Case No. 690 of 2017 (Teena Agrawal v. Mayank Agrawal and others), under Sections 406, 506 of I.P.C., Police Station - Chhatta, District - Agra.
Learned counsel for the applicants contended that opposite party no. 2 Teena Agrawal is wife of applicant no. 1 Mayank Agarwal. Teena Agarwal has lodged an F.I.R. against the applicants under Sections 498-A, 323, 506, 376, 328, 377, 120- B of I.P.C. and Section 3/4 of Dowry Prohibition Act. After investigation, the police submitted final report against the applicants, which is pending before the Magistrate concerned. Allegation of offence under Section 406 of I.P.C. has also been made in one series of acts. Opposite party no. 2 Teena Agrawal has not specified the person to whom 'streedhan' was entrusted. Accordingly, no offence is made out against the applicants.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant 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, would not be appropriate for this Court to pass any order in exercise of its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the impugned summoning order as well as the entire proceedings 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 measure shall be adopted against the applicants.
With the aforesaid observation/direction, the instant application stands disposed of.
Order Date :- 31.5.2019 I. Batabyal