Case :- APPLICATION U/S 482 No. - 28356 of 2019 Applicant :- Shiv Kumar Vidhauliya Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to direct the Additional Chief Judicial magistrate, Court No.2 Mainpuri to pass an order at the stage of summoning and decide the same expeditiously as may be possible in Complaint Case No. 2943 of 2017 (Shiv Kumar Vidhauliya vs. Mukul Vidhauliya and others), under Section 364 IPC, P.S. Karhal, District Mainpuri.
It has been argued by the learned counsel for the applicant that initially application was filed under Section 156(3) Cr.P.C. and that application was registered by the concerned Court of Magistrate as a complaint case vide order dated 09.02.2015. Thereafter statement of applicant was recorded under Section 200 Cr.P.C. and statement of two witnesses have been recorded under Section 200 Cr.P.C. in the year 2016 but no order has been passed on summoning so far. It was further pointed out that the matter was referred for investigation under Section 202(1) by the Chief Judicial Magistrate, Manipuri by order dated 24.05.2018 but no progress has been made in the matter so far. The grievance of the applicant is that his complaint must be heard on the point of summoning and appropriate orders must be passed.
Learned A.G.A. has opposed the application.
In view of the submissions of the learned counsel for the applicant, the concerned Court of Magistrate is directed to pass an order on the point of summoning in the complaint filed by the applicant, within a period of three months from the date of production of certified copy of this order, in accordance with law.
With the aforesaid direction, the application is disposed off finally.