Court No. - 68
Case :- APPLICATION U/S 482 No. - 21116 of 2019 Applicant :- Sukhbeer And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the summoning order dated 27.03.2019 passed by Additional Chief Judicial Magistrate, Court No. 2, Saharanpur as well as the entire proceedings of Complaint Case No. 465 of 2019, under Sections 452, 323, 504, 506 of I.P.C., Police Station - Nakud, District - Saharanpur.
Learned counsel for the applicants contended that wife of applicant no. 3 Pramod had lodged this F.I.R. against opposite party no. 2 Ankit Saini and his family members under Section 376 of I.P.C. In counterblast, opposite party no. 2 has lodged this complaint maliciously, with false allegation, only to harass the applicants. He further contended that as per allegation of the complaint, seven persons entered into the residence of opposite party no. 2 Ankit Saini and assaulted him and his family members. Even so, none from the side of opposite party no. 2 has either sustained any injury or has been medically examined. Accordingly, no offence is made out against the applicants.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the applicant and contended that there is no illegality or infirmity in the impugned order passed by the trial court.
Alternative remedy is available to the applicants to submit application under Section 245(2) of the Code to get themselves discharged. Accordingly, it is not appropriate for this Court to pass any order in exercise of its extraordinary jurisdiction under Section 482 of the Code.
In view of above, prayer for quashing the impugned summoning order as well as the entire proceedings in the aforesaid case is hereby refused.
Accordingly, it is directed that in case the applicants file an application under Section 245(2) of the Code for discharge through counsel within 30 days from today, the same shall be decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive measure shall be adopted against the applicants.
With the aforesaid observation/direction, the instant application stands disposed of.
Order Date :- 28.5.2019 I. Batabyal