Court No. - 41
Case :- APPLICATION U/S 482 No. - 31305 of 2018 Applicant :- Suman And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A. G. A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Complaint Case No. 550 of 2018 (Sita Devi vs. Suman and others) including summoning order dated 2.5.2018 passed by Judicial Magistrate-II, Court No. 13, District Basti.
Learned counsel for the applicants contended that due to some dispute between children, opposite party no. 1 Sita Devi has filed an application under Section 156(3) Cr.P.C. which was treated as complaint and recorded statement of complainant under Section 200 Cr.P.C. as well as witnesses Subhash and Itwari under Section 202 Cr.P.C. and in a routine manner passed summoning order dated 2.5.2018. No offence against the applicants is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment.
Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. Correctness of allegation is not to be examined by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.
In view of the above, the prayer for quashing the entire proceeding including summoning order in the aforesaid case is refused.
However, it is directed that in case the applicants No. 1 to 6 namely, Suman Sunita, Juli, Ujala, Rajan and Shiv Shankar file application under Section 205 Cr.P.C. for dispensing their personal appearance through counsel, the same shall be decided by learned Trial Court at appropriate stage in accordance with law.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 12.9.2018 P.P.