Court No. - 34
Case :- APPLICATION U/S 482 No. - 2605 of 2004 Applicant :- Pitam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Mullick Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Om Narain Pandey, Advocate holding brief of Sri Anil Mullick, Advocate for applicant and learned A.G.A. for State.
2. This application under Section 482 Cr.P.C. has been filed praying for quashing of summoning order dated 27.02.2004 passed by Judicial Magistrate Ist, Agra in Case No. 653 of 2003 under Sections 341, 504, 506 IPC and 3(1)(X) S.C./S.T. Act.
3. Learned counsel for applicant argued that offence under Section 3(1)(X) S.C./S.T. Act is not made out. However, I find no force in submission for the reason that in the summoning order Magistrate has clearly given detail facts constituting said offence. In any case, summoning order is issued looking to entire allegation made in complaint and the statement of witnesses recorded under Sections 200 and 202 Cr.P.C. If offence under any specific provision is not made out, it is always open to Magistrate to amend the provisions but on that basis entire summoning order cannot be quashed.
4. Application lacks merit. Dismissed. Interim order, if any, stands vacated.
Order Date :- 29.4.2019 AK