Court No. - 72
Case :- APPLICATION U/S 482 No. - 32156 of 2019 Applicant :- Ram Prakash Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Murari Lal Jain Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 19.04.2019 as well as entire proceedings of Case No. 3540 of 2016, under Section 138 of N.I. Act, Police Station- Hari Parwat, District- Agra, pending in the court of Additional Judge, Court No. 1, Agra.
Contention of learned counsel for the applicant is that the Magistrate while issuing the summoning order against the applicant on 19.04.2019 has recorded the statement of complainant under Section 200 Cr.P.C., which has been filed by way of an affidavit, the same is not available on record. The absence of the said affidavit summoning order cannot be passed.
I have considered the submission so raised by the counsel for the applicant.
It is a question of fact/ evidence whether, such affidavit is available on record or not. Proper remedy is available to the applicant to approach the Magistrate concerned for recalling the order on the ground that such affidavit/ evidence is not available on record and without considering the Statement of complainant under Section 200 Cr.P.C., the summoning order was passed.
In case such application is filed, Magistrate concerned is directed to pass appropriate order, in accordance with law, as expeditiously as possible within a period of two weeks from the certified copy of this order.
The application is, accordingly, disposed of.
For a period of two weeks from the date of certified copy of the order, no coercive action shall be taken against the applicant.
Order Date :- 22.8.2019 S.K