Court No. - 68
Case :- APPLICATION U/S 482 No. - 15218 of 2019 Applicant :- Shoaib Khan And 3 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Devashish Mitra 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 on behalf of the applicants for quashing the summoning order dated 2.3.2019 passed by Additional Chief Judicial Magistrate/Civil Judge (S.D.)/Fast Track Court, Kasganj as well as proceedings of Complaint Case No. 308 of 2019 (Mohd. Iftekhar Vs.Alam Raza @ Alamgir and others), under Sections 420, 406, 504, 506 IPC, Police Station Kasganj, District Kasganj.
Learned counsel for the applicants contended that as per version of the complaint, the marriage of Arif son of opposite party No. 2 (Mohd. Iftekhar) was agreed to be solemnized with applicant No. 2 (Smt. Tabassu). Opposite party No. 2 has gifted 7 tola golden ornament, clothes and cash Rs. 21,000/- to the applicants/accused. Later on, marriage was not solemnized and they refused to return the gifts which was given by the opposite party No. 2 to the applicants.
Learned counsel for the applicants further contended that as per version of the complaint, occurrence has taken place at the residence of applicants situated in district Bareilly. Accordingly, Magistrate, Kasganj has no jurisdiction to take cognizance in the matter.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned. Therefore, it is not appropriate for this Court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
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 :- 30.4.2019 Jaswant