Court No. - 48
Case :- APPLICATION U/S 482 No. - 7533 of 2019 Applicant :- Shamim Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hasan Abbas Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 23.1.2019 passed by the Special Chief Judicial Magistrate, Allahabad in complaint case no. 705 of 2016 (Shamim Ahmad Vs. Haseen Khan and others) arising out of crime no. 412 of 2013, under Sections 323, 379 IPC, Police Station Colonelganj, district Allahabad. Further prayer has been made to pass fresh and appropriate order in the case aforesaid.
Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant submits that initially one FIR was lodged in this matter and same was investigated. Final report was submitted. Protest petition was filed by the applicant. Concerned Magistrate while rejecting the final report treated the protest petition as complaint and collected evidence and also vide order dated 23.1.2019 summoned the opposite party no. 2 and 3 to face trial under Section 323 IPC.It is further submitted that specific version for robbery has been made in the complaint as well as in the statement of the witnesses. Despite this fact concerned Magistrate did not summon the opposite party no. 2 and 3 under Section 392 IPC.
Learned A.G.A. opposed the prayer and argued that applicant has opportunity to raise this question at appropriate stage during trial. There is no illegality or infirmity in the impugned order.
Having regard to the facts and circumstances of the case, hearing the parties and keeping in view the fact that the applicant has an opportunity to raise this question before the Trial Court at appropriate stage and trial court is competent to proceed with the trial for the offence under Section 392 IPC also if offence as prayed for is made out.
In view of the aforesaid, application is disposed of at this stage itself with the direction to the applicant to move proper application before the court concerned at appropriate stage ventilating all the facts, as has been raised in this application.
Order Date :- 28.2.2019 Sachdeva