Court No. - 68
Case :- APPLICATION U/S 482 No. - 15597 of 2019 Applicant :- Ram Singh And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramendra Giri 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 applicants for quashing the summoning order dated 18.10.2018 passed by Additional Chief Judicial Magistrate, Court No. 2, Allahabad in Complaint Case No. 856 of 2017 (Ramdev Vs. Ram Singh and others), Police Station Utrao, District Allahabad whereby applicants have been summoned for the offence punishable under Sections 356, 506 IPC.
Learned counsel for the applicants contended that from perusal of the complaint, there is dispute between the parties about partition. On 6.2.2017 at about 1:30 AM in the night, applicants abused and assaulted the opposite party No. 2 (Ramdev Pasi), his wife and daughter by blunt object lathi and danda, kicks and fists. No one from the side of opposite party No. 2 has either been medically examined or has sustained injuries. Accordingly, no offence is made out against the applicants.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicant to get himself discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of. Order Date :- 29.4.2019 Jaswant