Dismissed

Keshari Nandan and Anr. v. State of U.P. and Anr.

Allahabad HC21 May 2019A482/19635/2019

Case brief

AI extract

What is this about?

The High Court declined the quashing of summons under section 482 Cr.PC, holding that revision was the appropriate remedy. The court rejected the application as lacking force due to the failure to attach medical reports and X-rays and the undue delay of eight years in seeking relief.

What did the court decide?

Application rejected; applicant directed to file revision before the competent district court.

Keshari Nandan and Anr. Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2019)

¶1

Court No. - 80

¶2

Case :- APPLICATION U/S 482 No. - 19635 of 2019

¶3

Applicant :- Keshari Nandan And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kunwar Mayank Singh,Ambrish Singh

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pradeep Kumar Srivastava,J.

¶6

Heard Shri Kunwar Mayank Singh learned counsel for the applicants and Mrs. Alpana Singh, learned A.G.A. for the State.

¶7

This application has been filed under section 482 Cr.PC seeking quashing of summoning order dated 29.11.2011 and order dated 12.09.2013 and 29.04.2019 passed by learned CJM, Chandauli, as well as entire proceedings of Complaint Case No. 3063 of 2011: Sharda Devi Vs. Chandrabhan and others, under Sections 323, 504, 506, 325, 452 IPC, P.S. Kotwali, District Chandauli, pending in the court of learned C.J.M., Chandauli.

¶8

Learned counsel for applicants has submitted that the complaint filed against applicants is based on false facts and does not disclose any offence, applicants have been summoned for.

¶9

Learned AGA has opposed the prayer saying facts contained in the complaint and the evidence given in inquiry in support thereof constitute the offence, applicants have been summoned for. Learned AGA has further pointed out that in the statement of complainant Sharda Devi recorded under section 200 IPC, it has come in the statement that as per X-ray report her left wrist was found broken but the copy of the medical report as well as X-ray has not been filed.

¶10

Having heard the submissions of learned counsel of both sides, and having perused the materials available on record, I find that

¶11

such kind of remedy that has been sought is very much available under Criminal Procedure Code by way of revision and the applicant could have filed a revision against the order. It appears that even if, a relief was available the applicant has not taken recourse of that relief and this application has been filed. Moreover, the applicant has attached the statement of P.W.-1 Lal Mohan Mishra and PW-2 Bihari Yadav who were examined before the learned trial court in support of the complaint and it appears that in the statement of the complainant Sharda Devi it has come that she sustained injury and her left wrist was found broken in X-ray. Surprisingly, the applicant has not filed the medical report or X-ray due to which applicant has also been summoned under section 325 IPC and more pertinently it is an order which was passed on 29.11.2011 and after lapse of about 8 years this application has been given. In such situation, I do not find any force in the application and the application has been filed without attaching relevant papers such as X-ray report and medical report, hence the application is rejected with the observation that the applicant may file a revision before the competent court at district level.

¶12

Order Date :- 21.5.2019

¶13

Bhanu

Keshari Nandan and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Keshari Nandan and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Samrat Singh Yadav @ Digvijay Singh (Minor) Vs State of U.P. and Another

Pawan Kumar Vs State of U.P.

Shivji Yadav Vs State of U.P.

Arun Saxena and 2 Others Vs State of U.P. and Another

Pradeep Vs State of U.P.

Sachin Yadav (Juvenile) Vs State of U.P. and Another