Court No. - 44
Case :- APPLICATION U/S 482 No. - 30307 of 2018 Applicant :- Mohd. Ahmad @ Jiyo Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mayank Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mayank Kumar Gupta, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 23.7.2018 passed by the Metropolitan Magistrate, Court No. 4, Kanpur Nagar, in Complaint Case No. 1051 of 2014 (Mohd. Ahmad @ Jiyo Vs. Alfisa @ Arbina and others), whereby the application dated 03.07.2017 filed by the applicant under section 259 Cr. P. C. has been rejected.
Learned counsel for the applicants submits that the aforesaid application filed by the applicant has been rejected by the Metropolitan Magistrate Court No. 4, Kanpur Nagar summarily without even considering the merits of the same.
From the perusal of the impugned order dated 23.7.2018, the Court finds that the Metropolitan Magistrate has rejected the application dated 23.7.2017 filed by the applicant on the ground that an application under section 259 Cr. P. C. is not maintainable at the behest of the complainant, as it is the discretion vested in the Court to convert the case triable as a summary trial case into warrant trial case.
Apart from the above, this Court finds that the prosecution witnesses have not been examined and therefore, the condition precedent for exercise of power under section 259 Cr. P. C. has not yet arisen.
For the reasons given herein above, this Court does not find any good ground to interfere in this application.
The application fails and is, accordingly, dismissed.
Order Date :- 17.9.2018 HSM