The High Court dismissed an application under Section 482 Cr.P.C. filed to quash an order staying summons against opposite party nos.2 and 3. The court held the application was devoid of merit as sufficient material was not demonstrated against the accused.
Application under Section 482 Cr.P.C. for quashing the order dated 18.06.2018 was dismissed.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 33356 of 2018
Applicant :- Babu Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Shekhar Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 18.06.2018 and part of the order dated 20.03.2017 passed by C.J.M., Banda in complaint case no.342 of 2014. Further prayer is that direction may be issued to the C.J.M., Banda to summon the opposite party nos.2 and 3 to face trial for the offence under Sections 218, 323, 504, 506, 120, 147, 148, 149, 467 and 468 I.P.C.
Learned counsel for the applicant submitted that the order dated 20.03.2017 has been passed without applying judicious mind and in spite of the material against opposite parties no.2 and 3 the C.J.M. has not taken cognizance against them. Thereafter the applicant moved an application under Section 156 (3) Cr.P.C. He further submitted that there is sufficient material against opposite party nos.2 and 3 for purpose of summoning them in the offence punishable under Sections 218, 323, 504, 506, 120, 147, 148, 149, 467 and 468 I.P.C.. The said application is on record as Annexure-1 to the application.
From perusal of the order dated 18.06.2018 passed by Chief Judicial Magistrate it appears that the Chief Judicial Magistrate after considering the facts as stated in the application of the applicant has passed the impugned order dated 18.06.2018. In the impugned order dated 18.06.2018 the C.J.M. has found that after perusal of the statement under Section 200 and 202 Cr.P.C. the court concerned has taken cognizance and summoning order was issued on 20.03.2017 against Bhagwan Das Chunwad and Santosh under Sections 323, 504 and 506 I.P.C. No material has been found against opposite party nos.2 and 3 for purpose of taking cognizance for the offence under Sections 323, 504 and 506 I.P.C.. Learned Magistrate has also observed that no fresh material has been
found by which any case is made out against opposite party nos.2 and 3. Application filed by the applicant was devoid of merit and the same was rejected.
After considering the facts and circumstances of the case and argument advanced by learned counsel for the applicant, I do not find any merit in the application.
Present application is accordingly dismissed.
Order Date :- 11.10.2018
Asha
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the impugned order has any merit.
Whether the learned Magistrate was correct in finding no material against opposite party nos.2 and 3.
2 provisions across 1 enactments
Babu Lal
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
