The High Court dismissed an application under Section 482 Cr.P.C. challenging an order treating an application under Section 156(3) Cr.P.C. as a complaint. No good ground was made out for quashment.
None. Prayer for quashment of summoning order was refused; application dismissed.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 19358 of 2019
Applicant :- Rajauti Devi Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, challenge has been made to the order dated 30.11.2018 passed by the II-Additional Sessions Judge / Special Judge (SC/ST Act) Azamgarh, in Misc. Case No.191 of 2018 Rajauti Vs. Shiv Kumar Singh and others, under Sections 147, 323, 504, 506, 427 I.P.C., Police Station Saraimeer, District Azamgarh, whereby the application moved by the applicant under Section 156(3) Cr.P.C. has been treated as complaint.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that in case the side of opposite party no.2 has succeeded in obtaining process whereby charge sheet was submitted in this case, therefore, the same should also be put in the case of applicant's prosecution by way of the complaint as per facts alleged in the complaint. No good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
Consequently, the instant application is dismissed.
Order Date :- 20.5.2019 rkg
1 issue framed by the court
Whether the impugned order treating Section 156(3) Cr.P.C. application as a complaint should be quashed.
Rajauti Devi
State Of Up
Arvind Kumar Mishra-I,J.
As recorded by the court registry
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