Court No. - 68
Case :- APPLICATION U/S 482 No. - 22029 of 2019 Applicant :- Shiv Pal Singh Opposite Party :- State of Up And Another Counsel for Applicant :- Shyam Surat Shukla,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State of U.P.
This application u/s 482 Cr.P.C., has been filed for quashing the summoning order dated 16.3.2019 passed by Chief Metropolitan Magistrate, Court No. 5, Kanpur Nagar as well as entire proceedings of Complaint Case No. 153 of 2018 (Smt. Mona Singh Vs. Shiv Pal Singh and others) under Sections 323, 406 IPC, Police Station Bithoor, District Kanpur Nagar.
Learned counsel for the applicant contended that the applicant is husband of opposite party No. 2 (Smt. Mona Singh). Opposite party No. 2 (Smt. Mona Singh) has lodged first information report against the applicant and his family members under Sections 494, 498-A, 323, 504, 506 IPC in which after investigation, police has submitted chargesheet. Opposite party No. 2 (Smt. Mona Singh) has lodged this complaint showing the same occurrence.
The provision of Section 220 (1) Cr.P.C., reads as under:-
"If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence."
Accordingly, alternative remedy is available to the applicant to apply before the Trial Court under Section 220 (1) Cr.P.C., to consolidate both the cases.
In view of above, it is not appropriate for this Court to pass any order in exercise of extraordinary jurisdiction under Section 482 Cr.P.C.
In such view of the matter, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
If applicant files application under Section 220 (1) Cr.P.C., to consolidate both the cases through counsel within 30 days from today, the same shall be decided by the Trial Court by a speaking order.
Till the disposal of application under Section 220 (1) Cr.P.C., no coercive action shall taken against the applicant.
With the aforesaid observation, this application u/s 482 Cr.P.C., stands disposed of.
Order Date :- 31.5.2019 Jaswant