The High Court refused to quash a summoning order under Section 482 Cr.P.C. as an alternative remedy under Section 210(1) Cr.P.C. was available. The applicants were granted thirty days to file the alternative application.
Prayer for quashing refused; liberty to file application under Section 210(1) Cr.P.C. within thirty days.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 34395 of 2018
Applicant :- Ram Chandra Chaurasiya And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicants and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 08.06.2018 passed by learned Additional Chief Judicial Magistrate [Additional Civil Judges (Sr. Div.), Court No. 1], Gorakhpur in Complaint Case No. 334 of 2017 (Smt. Poonam Vs. Ram Chandra Chaurasiya and others) Sections 323 and 504 I.P.C., Police Station Gagaha, District Gorakhpur.
Learned counsel for the applicants contended that mother-in-law of opposite party no. 2 Smt. Poonam, has filed report of non cognizable offence at N.C.R. No. 211 of 2016 under Sections 323 and 504 I.P.C., in which investigation is going on. On the same fact, opposite party no. 2 Smt. Poonam has filed this complaint case, which is not maintainable.
Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.
As per provision of Section 210 (1) Cr.P.C. the applicants may appear before magistrate and file application for stay proceeding of the complaint case. As alternative remedy is available to the applicants. It is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
In view of above, the prayer for quashing the summoning order in the aforesaid complaint case, is hereby refused.
However, if applicants file application under Section 210(1) Cr.P.C. within thirty days, the same shall be disposed of by Magistrate with speaking order.
Till the disposal of application, no coercive action shall be taken against the applicants.
In the result, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 28.9.2018/Sharad/-
1 issue framed by the court
Whether this court should exercise extraordinary jurisdiction under Section 482 Cr.P.C. to quash the summoning order when an alternative remedy under Section 210(1) Cr.P.C. is available.
2 provisions across 1 enactments
Ram Chandra Chaurasiya and 4 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
