This disposed an application under Section 482 Cr.P.C. seeking to quash a summoning order and criminal proceedings. The court found the application devoid of merit as no illegality was demonstrated and dismissed it.
Application dismissed; summoning order and proceedings not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 37
Case :- APPLICATION U/S 482 No. - 12505 of 2018
Applicant :- Sanjay And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 04.07.2016 passed by Chief Judicial Magistrate, Lalitpur as well as entire proceedings of complaint case no. 911 of 2017 (Smt. Sandhya Vs. Sanjay and others), under Sections 498-A, 323, 504 and 506 IPC and 3/4 D.P. Act, Police StationKotwali Lalitpur, District Lalitpur, pending in the court of Additional Chief Judicial Magistrate (Fast Track Court), Lalitpur.
It is sought to be urged by learned counsel for the applicants that the applicants are facing trial for offence under Sections 498-A/34, 294, 323 and 506 IPC in the Court at Madhya Pradesh, the instant complaint has been lodged in U.P. to harass the applicants.
Learned AGA submits that applicants have been summoned for offence charged including offence under Section 504 IPC and 3/4 D.P. Act for which the applicants have not been charged. Therefore, there is no illegality in summoning the applicants.
Learned counsel for the applicant failed to point out any illegality, infirmity or jurisdictional error in the impugned summoning order.
The application being devoid of merit is, accordingly, dismissed.
Order Date :- 16.4.2018 Neeraj
2 issues framed by the court
Whether there is any illegality, infirmity or jurisdictional error in the impugned summoning order.
Whether the complaint case should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sanjay And 2 Others
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
