Court No. - 68
Case :- APPLICATION U/S 482 No. - 21596 of 2019 Applicant :- Sharjahan And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A., for the State of U.P.
This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 31.5.2014 passed by Additional Chief Judicial Magistrate-II Badaun as well as entire proceedings of Complaint Case No. 1207 of 2013 (Nargees Vs. Wasan Khan and others) under Sections 406, 420 IPC, Police Station Dataganj, District Badaun.
Learned counsel for the applicants contended that the applicant No. 1 (Sharjahan) is wife of Amir Khan son of opposite party No. 2 (Nargees). She has filed complaint against opposite party No. 2 (Nargees) and his family members under Section 498-A IPC and Section 4 D.P. Act. In counter blast, opposite party No. 2 (Nargees) has lodged this complaint maliciously with false allegation only to harass the applicants. No specific role has been assigned to the applicants/accused who has taken away the ornaments. Moreover, applicant No. 1 (Sharjahan) is wife of Amir Khan and as such, she is entitled to have the ornaments. Accordingly, no offence under Sections 406, 420 IPC is made out.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 Jaswant