This court disposed of an application under Section 482 Cr.P.C. filed to quash a summoning order. The court held that no offence was clearly made out to reject quashing, directing trial court to decide discharge application on merits later.
Prayer for quashing summoning order refused; directed to approach trial court for discharge.
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Court No. - 22 Case :- APPLICATION U/S 482 No. - 37299 of 2018 Applicant :- Asraf Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the Criminal Complaint No. 4375 of 2017 (Syed Basti Ali Vs. Mohd. Ashraf) as well as summoning order dated 03.03.2015 passed by Judicial Magistrate Court No. 2, Meerut, under Sections 323, 504 506 I.P.C., Police Station Kotwali, District Meerut.
Learned counsel for the applicant contended that from the perusal of complaint, no offence against the applicant is disclosed. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated.
Learned A.G.A. contended that there is no illegality in the impugned order by the trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage.
In view of the above, the prayer for quashing the summoning in the aforesaid case is refused.
However, it is directed that if applicant applies for discharge at appropriate stage, the same shall be decided by the trial court on merit with speaking order.
With the above directions, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 1.11.2018 Sharad/-
2 issues framed by the court
Whether the First Information Report or complaint discloses an offence against the applicant warranting prosecution.
Whether the trial court's summoning order against the applicant is legally sustainable under Section 482 Cr.P.C.
1 provisions across 1 enactments
Asraf
State of U.P.
Umesh Chandra Tripathi
Sharad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
