Court No. - 55
Case :- APPLICATION U/S 482 No. - 33967 of 2018 Applicant :- Smt. Usha Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record..
This 482 Cr.P.C. application has been filed with a prayer to quash the impugned order dated 15.1.2013 passed in Criminal Revision no.359 of 2012 by Addl. Sessions Judge, Court No.6, Kanpur Nagar as well as summoning order dated 22.2.2013 and entire proceeding of complaint case No.7479 of 2011, under section406, 420 IPC, pending int he court of A.C.M.M., II, Kapur Nagar.
Learned counsel for the applicants submits that there is civil dispute between the parties and the complaint was made with the aid of section 156(3) Cr.P.C. by opposite party party no.2 agaisnt the applicant with regard to purchase of house. hence the opposite party no.2 filed the present complaint for malicious prosecution of the applicant. He submits that the dispute, if any, is purely civil in nature.
Learned counsel for the applicant has placed reliance on the judgement of Apex Court in Masharibhai Muljibhai Kakadia and another Vs. Shaileshbhat Mohanbhai Patel and others reported in(2012)10 SCC517 wherein it was held that dismissal of complaint u/s 203 whether at the stage of section 200 itself or after following process contemplated under section 202 culminates in termination of complaint proceedings, therefore when complainant files revision petition there against before High Court or Sessions Judge, accused/suspect arraigned in complainant gets right for hearing before Revisional Court as is expressly provided in section 401(2)notwithstanding that order impugned in revision was passed without his participation.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record and also keeping in view the law laid down by the Apex Court in the Masharibhai Muljibhai Kakadia (supra), I find that there is full force in the submission of leaned counsel for the applicant and as such the same deserves to be accepted.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
Order Date :- 31.10.2018 IA