Court No. - 72
Case :- APPLICATION U/S 482 No. - 32229 of 2019 Applicant :- Sunil Kumar Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Krishna Kumar Chaurasia, learned counsel for the applicant, and learned AGA for the State.
The present 482 Cr.P. C. application has been filed for quashing the order dated 26.7.2019 passed by Chief Judicial Magistrate, Ballia in Criminal Case No. 1136 of 2013 (Sate Vs. Sunil Kumar Maurya) arising out of Case Crime No. 130 of 2012 under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Sikandarpur, District- Ballia, pending in the court of Chief Judicial Magistrate, Ballia.
Contention of learned counsel for the applicant is that the applicants have wrongly been summoned under Section 3/4 of D.P. Act, subsequently, an application was filed on behalf of the informant that due to clerical mistake, the charge cannot be framed under Section 3/4 of D.P. Act, the said application allowed by the Magistrate concerned framing charge under Section 3/4 of Domestic Violence, as the cognizance had already been taken.
It is further contended that the said order cannot be passed on the application of the informant as the court can passed order on suo motu.
I have considered the rival submission as raised by the learned counsel for the applicant and perused the record.
The Magistrate while allowing the application as clearly records that although the cognizance was taken under Section 3/4 of D.P. Act, but due to mistake, charge cannot be framed against the applicant, the Magistrate further records that as per the statements of the informant witnesses there is clear cut case of 3/4 of D.P. Act are made out and said clerical mistake has been rectified by the Magistrate on the application of the complainant.
I do not find any illegality or infirmity in the order impugned. The present application lacks merit and is accordingly dismissed.
Order Date :- 30.9.2019 Akbar