Court No. - 68
Case :- APPLICATION U/S 482 No. - 15479 of 2019 Applicant :- Ram Akbal @ Ram Vishal Opposite Party :- State of U.P. And Another Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This application U/s 482 Cr.P.C., has been filed on behalf of the applicant for directing the Judicial Magistrate, Court No. 1, Allahabad to summon the opposite party No. 2 for the offence under Sections 419, 420, 467, 468 IPC, Police Station Karchana, District Allahabad in Complaint Case No. 128 of 2009 (Ram Akbal Vs. Ram Shankar Shukla).
Learned counsel for the applicant contended that the as per allegation made in the first information report, offence under Sections 420, 467, 468 IPC is also made out against the opposite party No. 2. Even so, learned Magistrate has summoned the opposite party No. 2 only under Section 419 IPC.
As per provision of Section 246 Cr.P.C., on the basis of statement under Section 244 Cr.P.C., the Magistrate shall frame charge in appropriate sections.
Accordingly, it cannot be said that there is abuse of the process of the court.
In result, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 29.4.2019 Jaswant