Disposed

Pushpendra Kumar and 3 Others v. State of U.P.and Another

Allahabad HC10 Jun 2019A482/18119/2019

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 Cr.P.C. seeking to quash a complaint and summons order. The court held that since a remedy of revision exists and a prima facie case was found, the application was not worth entertainment.

What did the court decide?

Application disposed with direction to surrender and apply for bail within a month for expeditious consideration.

Pushpendra Kumar and 3 Others Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 3

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Case :- APPLICATION U/S 482 No. - 18119 of 2019

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Applicant :- Pushpendra Kumar And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Shri Prashant Sharma, Advocate holding brief of Shri Amit Rai, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482, Cr.P.C. has been filed to quash the impugned complaint registered as Complaint Case No.45 of 2019 (Mahipal Vs. Pushpendra and others) under Sections 323, 504, 506, IPC, P.S. Noorpur, District Bijnor, pending before the Judicial Magistrate/Civil Judge (Junior Division)/F.T.C. Bijnor as well as summoning order dated 14.2.2019 passed by the Judicial Magistrate/Civil Judge (Junior Division)/F.T.C. Bijnor by which the applicants have been summoned under Sections 323, 504, 506, IPC.

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Learned A.G.A. has vehemently opposed the prayer of applicants.

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it is pertinent to mention that the summoning order can be challenged by filing a revision before the appropriate Court and where a remedy of revision is provided under the Criminal Procedure Code, which is equally efficacious remedy, an application under Section 482, Cr.p.C. is not a worth application by way of which interference in the impugned order is warranted. Moreover it appears from the impugned order that on the basis of the evidence given by opposite party under Sections 200 and 202, Cr.p.C. finding prima facie case against the applicants impugned order has been passed, therefore, no case is being made out for quashing of the complaint and impugned order.

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The application is disposed of with the observation that if the applicants surrender and apply for bail before the learned magistrate within a month from today, their bail application shall be considered and decided expeditiously by the court concerned, if possible on the same day.

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Order Date :- 10.6.2019 T. Sinha

Pushpendra Kumar and 3 Others v. State of U.P.and Another

Case brief

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Pushpendra Kumar and 3 Others v. State of U.P.and Another

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