Court No. - 68
Case :- APPLICATION U/S 482 No. - 21597 of 2019 Applicant :- Zeeshan And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohd. Ayyuq Hasan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A., for the State of U.P.
This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 11.3.2019 passed by the Additional Chief Judicial Magistrate-III, Saharanpur as well as entire proceedings of Complaint Case No. 4085 of 2018 (Haji Tehsin Vs. Zeeshan and others) under Sections 323, 504, 506 IPC, Police Station Mandi, District Saharanpur.
Learned counsel for the applicants contended that the opposite party No. 2 (Hazi Tehsin) is father of applicants. Civil suit is pending between the parties. Opposite party No. 2 (Hazi Tehsin) has also filed complaint before this occurrence. This complaint has been filed maliciously with false allegation only to harass the applicants. From version of the complaint and statement of opposite party No. 2 (Hazi Tehsin) under Section 200 Cr.P.C., six persons entered into the residence of opposite party No. 2 (Hazi Tehsin) and assaulted him. Even, opposite party No. 2 (Hazi Tehsin) has neither been medically examined nor has sustained injury. Three persons narrated in the complaint have not been summoned. Even from allegation made in the complaint and material available on record, no offence is made out against the applicants.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 Jaswant