Court No. - 77
Case :- APPLICATION U/S 482 No. - 46210 of 2019 Applicant :- Smt. Urmila Devi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Deependra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit filed by learned counsel for the applicant, taken on record.
The applicant Smt. Urmila Devi, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer to quash the order dated 5.11.2019, passed by the learned Magistrate including the entire proceeding of complaint case No. 9094 of 2016 (Ram Samujh Yadav vs. Jagdish and others), under Sections 420, 504, 506 I.P.C., P.S. Barra, District Kanpur Nagar, and thereby dismissed the complaint.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant argued that impugned summoning order was challenged, before this Court, in a proceeding under Section 482 of Cr.P.C., wherein, option was given for moving application for discharge, before trial Court and it was moved and by impugned order ,it was set aside. Hence, for ensuring end of justice, this application has been filed with above prayer.
Learned AGA has vehemently opposed the above prayer.
From the very perusal of order of this Court, passed in a proceeding under Section 482 of Cr.P.C. No. 14524 of 2019, (Jagdish and 2 other vs. State of U.P. and another), it is apparent that request for setting aside impugned summoning order and thereby quashing entire proceeding of complaint case, was refused by this Court and further request for same is not tenable. The only direction was given, regarding alternative remedy for moving discharge, under Section 245 (2) of Cr.P.C. But applicant has moved application before recording of evidence, under Section 244 of Cr.P.C. Hence, nothing new was there on record before Magistrate. Hence, discharge application was rejected. Accordingly, there was no illegality, irregularity or abuse of process of law in impugned order. This application merits its dismissal.
Dismissed, accordingly.
However, applicants will be at liberty to move application under Section 245 (2) of Cr.P.C. for discharge, after recording of evidence, under Section 244 of Cr.P.C., before trial Court and trial Court shall decide her application, without being influenced by any finding of this Court.
Order Date :- 18.12.2019 Kamarjahan