Court No. - 27
Case :- APPLICATION U/S 482 No. - 30865 of 2019 Applicant :- Sonu Opposite Party :- State Of Up And Another Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 15.05.2019 passed by Chief Judicial Magistrate, Hathras as well as the entire proceeding of Complaint Case No. 3845 of 2016, under Section 376 I.P.C., pending in the Court of Chief Judicial Magistrate, District Hathras. Further prayer has been made to stay the further proceeding of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the application moved under Section 156 (3) Cr.P.C. by the opposite party no.2 was arbitrarily treated as complaint case. It is further submitted by the learned counsel for the applicant that the complaint was filed in counterblast to the F.I.R. already lodged by father of the applicant against the husband of opposite party no.2 in which after investigation charge-sheet has been submitted under Section 308, 325 I.P.C.
On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 have submitted that applicant has been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
The application under Section 482 Cr.P.C. is, accordingly,
dismissed.
Order Date :- 22.8.2019 Ashok Gupta