Court No. - 44
Case :- APPLICATION U/S 482 No. - 22079 of 2018 Applicant :- Shakeel Ahmed Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Farid Ahmad Qureshi, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 5th May, 2016 passed by the Chief Judicial Magistrate, Saharanpur in complaint Case No. 5225 of 2016 (State Vs. Amit Kumar & Another), under Section 3/23 P.C.P.N.D.T. Act, Police Station Kutubsher, District Saharanpur as well as the entire proceedings of the above mentioned complaint case.
From the record, it appears that initially a first information report dated 7th July, 2015 was lodged against the applicant wherein same criminality as alleged in the present complaint, was made. The Police conducted the statutory investigation of the aforesaid first information report and thereafter submitted a charge-sheet dated 2nd August, 2015. Upon submission of the charge-sheet, cognizance was taken by the court concerned on 7th November, 2015 and consequently the present applicant was summoned in the aforesaid State case bearing Criminal Case No. 906 of 2017.
It is well settled that when a complaint case has been filed in respect of criminality for which a State case is already pending, then the complaint case shall get attached with the State case and shall be tried as State case.
As per the mandate of Section 210 Cr.P.C. it is hereby provided that in case the applicant files an application before the court concerned mentioning the facts as noted herein above within a period of one week from today along with a certified copy of this order, the court concerned shall pass appropriate order on the said application with a period of two weeks thereafter.
For a period of three weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid direction/observation, the present application stands finally disposed of.
(Rajeev Misra, J.) Order Date :- 5.9.2018 Sushil/-