Court No. - 68
Case :- APPLICATION U/S 482 No. - 12477 of 2019 Applicant :- Rajan Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 11.8.2017 passed by Additional Chief Judicial Magistrate Court No. 4 Aligarh as well as entire proceedings of Compliant Case no. 24 of 2017 (Dauli Vs Rajan Sharam and others), under Section 498A IPC, P.S. Hardauganj, District Aligarh.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution is launched against the applicant with mala fide intention for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicant and contended that the material on record was sufficient justifying of the impugned summoning order in the aforesaid case.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Code.
In view of the above, the prayer for quashing the summoning order in the aforesaid case is refused.
However, it is directed that if applicant applies for bail, the same shall be disposed of on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC OnLine SC 1501.
For a period of 45 days from today, no coercive action shall be taken against the applicant.
With the aforesaid directions, the application stands finally disposed of.
Order Date :- 8.4.2019 Ujjawal