The High Court dismissed an application to quash a summons order and criminal proceedings at the interlocutory stage, noting that the complainant did not allege assault. The application was disposed of with a direction to the applicant to seek discharge under Section 245(2) Cr.P.C. within 30 days.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 18053 of 2019
Applicant :- Badri Prasad And 4 Ors Opposite Party :- State of U.P. And Another Counsel for Applicant :- Manish Joshi 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 summong order dated 3.11.2018 passed by Chief Judicial Magistrate, Lalitpur as well as entire proceedings of Complaint Case No. 8185 of 2017 (Inder Singh Vs. Badri Prasad and others) under Sections 147, 452, 323, 504, 506, 406 IPC, Police Station Narahat, District Lalitpur.
Learned counsel for the applicants contended that the opposite party No. 2/complainant in his statement under Section 200 Cr.P.C. has made no allegation of assault by the applicants. The abusing language used by the applicants has not been specified either in the complaint or in the statement of complainant under Section 200 Cr.P.C. Accordingly, 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 :- 9.5.2019
Jaswant
Badri Prasad And 4 Ors
State of U.P. And Another
Umesh Chandra Tripathi
As recorded by the court registry
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