Court No. - 64
Case :- APPLICATION U/S 482 No. - 7088 of 2019 Applicant :- Vinod Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manvendra Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the impugned order dated 06.02.2019 passed by the Additional Sessions Judge, Bareilly, in Criminal Revision No.381 of 2018, Vinod Kumar Vs. State of U.P. and others and order dated 23.08.2018 passed by the Judicial Magistrate, Bahedi, District Bareilly, in Misc. Case No.308 of 2018, State Vs. Vinod Kumar, under Section 182 I.P.C., Police Station Bahedi, District Bareilly.
Contention raised before this Court is confined to the ambit that in this case final report was accepted and the protest petition moved by the applicant was rejected. Albeit, the court below was required first to issue notice giving an opportunity to the applicant for launching the proceeding against him under Section 182 I.P.C., whereas the court below without issuing notice straightway proceeded and thus prosecuted the applicant without his say in the matter.
Per contra, learned A.G.A. has submitted that in this case, issuance of summons is nothing but intimation to the applicant to put his case, if he has got any explanation regarding his innocence as per the allegations under Section 182 I.P.C., he may agitate the same before the court below.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the impugned orders suffer from illegality or perversity because the same is based on after discussing the material facts and particulars required to be considered by the court below. No good ground is made out for quashment of the impugned impugned orders. Accordingly, the prayer for quashment of the impugned orders is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and moves application for discharge, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.4.2019 rkg