Court No. - 64
Case :- APPLICATION U/S 482 No. - 16254 of 2019 Applicant :- Samsuddin Alias Mataru And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Anil Kumar Mishra 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 11.4.2017 passed by the Chief Judicial Magistrate and proceeding in Complaint Case No.464 of 2015 (old No.8116 of 2015), Farzana vs. Hasan and others) under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mughalsarai, District Etawah, pending in the court of the Chief Judicial Magistrate, Chandauli.
It is has been contended on behalf of the applicants that the summoning order dated 11.04.2017 is not based on any material on record and thus the same is not legally justified. The court below failed to take note of fact that mere bald averments cannot be counted against the applicants and cannot be construed as participation of the applicants in the very crime. The applicants have been falsely implicated in this case. He further submitted that there is no specific material roping in the applicant nos.1 to 3, who happen to be Father-in-law, Nanads of opposite party no.2, who have been falsely implicated in this case just because they happen to be relative of husband of opposite party no.2. Therefore, in view of the principle pronounced by Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464, the proceeding drawn against applicant nos.1 to 3 are erroneous and are in sheer misuse of the process of the Court and the same cannot be allowed to go on. Therefore, the order impugned dated 11.10.2017 is liable to be quashed.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted four weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned summoning order dated 11.4.2017 passed by the Chief Judicial Magistrate and proceeding in Complaint Case No.464 of 2015 (old No.8116 of 2015), Farzana vs. Hasan and others) under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mughalsarai, District Etawah, pending in the court of the Chief Judicial Magistrate, Chandauli, shall remain stayed.
Order Date :- 25.4.2019 Rk