Court No. - 76
Case :- APPLICATION U/S 482 No. - 46767 of 2019
Applicant :- Radhey Shyam And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Lallan Verma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No.312 of 2019 (State Vs. Radhey Shyam and others), arising out of Case Crime No.4 of 2019, under Section 379 I.P.C., Police Station Thana Bhawan, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli.
It is contended by learned counsel for the applicants that charge sheet has been submitted in this matter on 28.09.2019.
There is no challenge to the summoning order passed by the court below nor, the copy of the same has been appended along with the application filed under Section 482 Cr.P.C.
In view of the judgment of this Court, in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70, in the absence of any challenge to the summoning order the proceedings cannot be challenged by the accused. Consequently, the present application at the behest of the accused is not maintainable.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed.
Further liberty is granted to the applicants to file fresh application under Section 482 Cr.P.C. by seeking a challenge to the summoning order, if any, passed by the court below as well as all other reliefs as may be available to them.
Certified copy of the impugned order may be returned to the learned counsel for the applicants after retaining the photo copy of the same.
Order Date :- 19.12.2019 Anand Sri./-