Court No. - 68
Case :- APPLICATION U/S 482 No. - 21893 of 2019 Applicant :- Sami Ahmad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Wahaj Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 06.10.2018 passed by Chief Judicial Magistrate, Kaushambi as well as the entire proceedings of Complaint Case No. 4495 of 2017 (Rais Ahmad v. Masi Ahmad and others), under Sections 323, 504, 506, 427 of I.P.C., Police Station - Kokhraj, District - Kaushambi.
Learned counsel for the applicants contended that Usman, son of opposite party no. 2 Rais Ahmad was married with Khudaija Bibi, daughter of applicant no. 4 Masi Ahmad @ Massu. Khudaija Bibi had lodged an application under Section 125 of Cr.P.C. against her husband Usman, which was allowed by the court concerned. In revenge, opposite party no. 2 Rais Ahmad has lodged this complaint maliciously, with false allegation, only to harass the applicants. As per version of complaint, four persons assaulted opposite party no. 2/complainant Rais Ahmad. Even so, neither he has sustained any injury nor he has been medically examined. Accordingly, no offence is made out against the applicants.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicants to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to pass any order in exercise of its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the impugned summoning order as well as the entire proceedings in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicants file an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive measure shall be adopted against the applicants.
With the aforesaid observation/direction, the instant application stands disposed of.
Order Date :- 31.5.2019 I. Batabyal