Court No. - 64
Case :- APPLICATION U/S 482 No. - 21242 of 2019 Applicant :- Shobhit Nigam And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Varun Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicants, learned AGA for the State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 14.03.2019 passed by Metropolitan Magistrate- 10th Kanpur in Complaint Case No.1977 of 2019, under Section 12 D.V. Act, Police Station Kalyanpur, district Kanpur.
Urge is that the relevant mandatory provisions for initiating process against the applicants as contained u/s 202 Cr.P.C. has not been complied with for the reasons that the applicants happen to be the resident of New Delhi, whereas the summoning order has been issued in the proceedings of this case by the concerned court of Kanpur Nagar without utilizing the mandatory requirement of Section 202 Cr.P.C. In this case investigation was likely to be done by the Magistrate before proceeding against the applicant but the learned Magistrate instead of heeding to that aspect straight-way issued summons against the applicants which in the eye of law stands vitiated.
Heard learned AGA for the State.
Submission of learned counsel for the applicants is sustained.
Under the facts and circumstances of the case, the lower court is required to follow the mandatory requirement of Section 202 Cr.P.C. then to proceed further with the applicants. Consequently, the summoning order dated 14.3.2019 in so far as it relates to the dictum regarding personal appearance of the applicants before the court below is hereby set aside and quashed. Court below is required to adopt proper procedure.
In view of above, this application is finally disposed off.
Order Date :- 28.5.2019 Raj