Court No. - 44
Case :- APPLICATION U/S 482 No. - 24193 of 2018 Applicant :- Pintu @ Karan Chaudhary And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashish Goyal, learned counsel for the applicant and the learned A.G.A. for the State.
At the very outset, learned counsel for the applicant submits that he be permitted to delete the applicant nos. 1 and 3 from the array of the parties from the present application. Learned counsel for the applicant further submits that he be permitted to amend the prayer clause of the present application by seeking a challenge to the summoning order dated 9.6.2017.
Prayer made is allowed.
Let necessary corrections be made during the course of the day.
The application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 9.6.2017, passed by the Additional Chief Judicial Magistrate, Court NO. 3, Agra in complaint Case No. 932 of 2017 (Narendra Vs. Smt. Jal Devi and Others), under sections 323, 504, 506, 454 IPC, P.S. Tajganj, District Agra as well as the entire proceedings of above mentioned complaint case.
Learned counsel for the applicant submits that after the passing of the summoning order dated 9.6.2017, non bailable warrants were issued against the applicant vide order dated 19.1.2018. Thereafter, the applicant appeared before the court below and was enlarged on bail by the court below vide order dated 31.5.2018. Thereafter, the present application has been filed after the expiry of period of three months from the date of the order of bail dated 31.5.2018.
On the aforesaid facts, it is urged that there is no delebrate negligence or laches in filing the present application. As such the laches, if any, are liable to be ignored.
The explanation offered is satisfactory. Accordingly, the laches, in filing the present application, are ignored.
Learned counsel for the applicant submits that present criminal proceedings initiated against the applicant by the opposite party no.2 are not only malicious but also amount to an abuse of the process of the Court. Elaborating his submission, learned counsel for the applicant submits that marriage of Priya the daughter of the applicant was solemnized with Dharamveer Singh, the elder brother of the opposite party no.2 in accordance with Hindu Rites and Customs and subsequently, Priya the daughter of the applicant was abandoned by her husband namely Dharamveer Singh. From 21.6.2014 she has been residing with the applicant. Faced with despair and destitution, the daughter Priya initiated criminal proceedings against her husband Dharamveer Singh, details of which are mentioned in paragraph 7 of the affidavit. He, therefore, submits that on the facts as noted above, the present criminal proceedings initiated by the opposite party no.2 are a counter blast to the criminal proceedings initiated by Priya the daughter of the applicant.
Having heard the learned counsel for the applicant and considering the facts and circumstances of the case as brought on record, matter requires consideration.
Issue notice to the opposite party No.2, calling upon him to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, insofar as they relate to the present applicant, shall remain stayed.
Order Date :- 26.7.2018 Arshad