Court No. - 64
Case :- APPLICATION U/S 482 No. - 17451 of 2019 Applicant :- Ravi Pratap @ Hanshu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Parmar,Hariom Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the summoning order dated 06.10.2018 passed by the Additional Chief Metropolitan Magistrate, Kanpur Nagar, and the entire proceeding in Complaint Case No.15871 of 2018, Smt. Shashi Sharma Vs. Ravi Pratap @ Hanshu and others, under Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Naubasta, District Kanpur Nagar, pending in the court of the Additional Chief Metropolitan Magistrate, Kanpur Nagar.
Learned counsel for the applicants while extending arguments has castigated the summoning order dated 06.10.2018 on several counts, prime being that the summoning order is erroneous on account of fact that it does not assign reasons for involvement of the applicant no.2 in the commission of the crime. She being old lady was not expected to indulge any act involving Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act. In fact, opposite party no.2 has some extraneous motive and she does not want to reside with her mother-in-law, applicant no.2, therefore, she concocted false story against the applicants.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the material brought on record did not justify issuance of the summoning order against the applicants. Prima facie a case at least for issuance of summons is made out. No good ground is made out for quashment of the impugned summoning order and the proceeding. Accordingly, the prayer for quashment of the impugned summoning order and the proceeding is refused.
However, the applicants are required to participate in the proceeding and they may move application for bail/discharge at their wisdom.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 rkg