Court No. - 64
Case :- APPLICATION U/S 482 No. - 13136 of 2019 Applicant :- Rajeev Kumar And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of the summoning order dated 15.3.2018 passed by Additional Civil Judge (J.D.) Court No.15/Judicial Magistrate, Fatehpur and entire criminal proceeding of Complaint Case No. 6154 of 2017 (Chhunilal vs. Rajeev Kumar and others) under Sections 498A, 323, 504, 506 I.P.C. & under Section 3/4 Dowry Prohibition Act, Police Station Lalauli, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No.12, Fatehpur.
Applicant while describing various facets of the case has claimed that in this case as per the contents of the complaint, wife of applicant no.1 and her mother were also present at the time of the occurrence and if it was so, then their statement under Section 202 Cr.P.C. ought to have been recorded in preference to the other witnesses who have produced under Section 202 Cr.P.C., who happens to be the villagers residing in the neighbourhood of the complainant. That way, the things have been manufactured to the annoyance of the applicants deliberately.
Also heard the learned A.G.A.
Upon consideration of the various aspects of this case and the various contents brought before this Court, obviously the summoning order cannot be faulted on ground that material contents have been taken into consideration and apart from that the statement of the complainant and the witnesses have also been considered and has been made basis for summoning. Summoning is an early stage of the case and applicant is required to co-operate in the trial by bringing on record relevant facts so that the court may pass appropriate orders in regard thereto. Therefore, the summoning order cannot be interfered.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 15 days from today and move application for bail/discharge, the same shall be considered and disposed of by the court below, if convenient, on the same day.
For a period of 15 days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 8.4.2019 S Rawat