Court No. - 68
Case :- APPLICATION U/S 482 No. - 21443 of 2019 Applicant :- Pratap Singh And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adarsh Bhushan,Sushant Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed on behalf of applicants is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicants for quashing the summoning order dated 01.02.2019 passed by Additional Chief Judicial Magistrate-II, Gautam Budh Nagar in Complaint Case No. 4391 of 2018 (Heera Chaudhary Vs. Pratap Singh and others), Police Station Sector-20, NOIDA, District Gautam Budh Nagar whereby applicants have been summoned for the offence punishable under Sections 323, 452 IPC.
Learned counsel for the applicants contended that opposite party no.2 Heera Chaudhary @ Bittoo has filed civil suit against applicants. Asserting the same facts, opposite party no.2 Heera Chaudhary @ Bittoo has filed this complaint maliciously with false allegation only to harass the applicants. Either in the complaint or in the statement of complainant under Section 200 Cr.P.C., time of occurrence has not been shown. As per allegation of complaint six persons with some unknown persons assaulted the opposite party no. 2/complainant Heera Chaudhary @ Bittoo and his wife. Even so, no injury has been sustained either by opposite party no.2/complainant or by his wife. Accordingly, no offence is made out against the applicants.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court expeditiously on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 29.5.2019 AKT