Court No. - 55
Case :- APPLICATION U/S 482 No. - 38989 of 2018 Applicant :- Virendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar,Muktesh Singh Counsel for Opposite Party :- G.A.,Rakesh Tiwari
Hon'ble Chandra Dhari Singh,J.
Sri Rakesh Kumar Tiwari, Advocate, has filed Vakalatnama on behalf of opposite party no.2, the same is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 07.09.2018 passed by revisional court (Session Judge, Aligarh), in criminal revision no. 62 of 2018 (Virendra and others Vs. Radha Devi and another) and order dated 27.01.2018 passed by Additional Chief Judicial Magistrate, court No. 9, Aligarh in complaint case no. 519 of 2016 (Radha Devi Vs. Virendra and others), arising out of case crime no. 76 of 2015, P.S. Akrabad, District Aligarh, by which application moved by opposite party no.2 under section 323 Cr.P.C. was allowed and the applicant has been directed to surrender before the court below and move his bail application under section 376 IPC may also be quashed.
Learned counsel appearing on behalf of the applicant submits that the present prosecution is nothing but a counterblast to the case lodged against the husband of the complainant by the applicant and even the version of the complaint has been changed at every stage and considering the same, the summoning of the applicant has been made under sections 354A and 504 IPC and further on the application of the opposite party no.2 moved under section 323 Cr.P.C. the applicant has been again summoned under section 376 IPC, is wholly erroneous and illegal and cannot be sustained i the eyes of law and as such the impugned orders passed by the courts below deserve to be set aside.
Per contra learned Additional Government Advocate appearing on behalf of the State-respondent vehemently opposed the contentions raised on behalf of the applicant and submitted that order dated 07.09.2018 passed by revisional court (Session Judge, Aligarh), in criminal revision no. 62 of 2018 (Virendra and others Vs. Radha Devi and another) is after considering the material available on record and hence there is no illegality in the order impugned, which warrants interference by this Court.
I have heard the arguments raised on behalf of the parties and perused the record.
The impugned orders have been passed by the courts below after considering each and every aspects of the matter and the contentions raised on behalf of the applicant, therefore, this Court finds no error apparent on the face of record, which warrants interference by this Court. The application u/s 482 Cr.P.C. being devoid of merit deserves to be dismissed.
Accordingly, the application is dismissed.
Order Date :- 30.11.2018 Prajapati [Chandra Dhari Singh, J]