Disposed

Shiv Kumar and Another v. State of Up and Another

Allahabad HC28 May 2019A482/21136/2019

Case brief

AI extract

What is this about?

This court refused to quash the summoning order and complaint proceedings filed under Sections 498 and 363 IPC. Holding that Section 210 Cr.P.C. provides a remedy to consolidate cases, the court refused exercise of extraordinary jurisdiction under Section 482 Cr.P.C., directing the applicant to seek consolidation within 30 days. No coercive action was to be taken pending consolidation.

What did the court decide?

Application for quashing dismissed. Applicant directed to apply for consolidation under Section 210 Cr.P.C. within 30 days. No coercive action till consolidation is disposed of.

Shiv Kumar and Another Vs State of Up and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 68 Case :- APPLICATION U/S 482 No. - 21136 of 2019 Applicant :- Shiv Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A. G. A. for the State. This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 24.01.2019 passed by Additional Chief Judicial Magistrate-II, Mainpuri as well as proceedings of Complaint Case No.150 of 2019 (Mahesh Chand Vs. Shiv Kumar and another), under Sections 498, 363 IPC, Police Station Ghiror District Mainpuri.

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Learned counsel for the applicants contended that opposite party no. 2 Mahesh Chand Baghel has lodged the First Information Report under Sections 498, 363, 366 I.P.C. as Case Crime No. 130 of 2017 against the applicants. After investigation police has submitted charge sheet against the applicant no. 1 Shiv Kumar. On the same facts, opposite party no.2 Mahesh Chand Baghel has filed this complaint in which applicants Shiv Kumar and Hori Lal have been summoned, which is not sustainable.

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As per provision of Section 210 Cr.P.C. remedy is available to the applicants to apply before concerned Magistrate to consolidate both the cases.

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Accordingly, it is not appropriate for this Court to pass any order in exercise of extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of the above, the prayer for quashing the summoning order as well as proceedings of the aforesaid case is refused.

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However, if applicants apply to consolidate both the cases under Section 210 Cr.P.C. through counsel within 30 days from today, same shall be decided by the concerned Magistrate expeditiously by speaking order.

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Till disposal of the application under Section 210 Cr.P.C., no coercive action shall be taken against the applicants.

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With the above directions, this application U/S 482 Cr.P.C., is disposed of.

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Order Date :- 28.5.2019/AKT

Shiv Kumar and Another v. State of Up and Another

Case brief

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Shiv Kumar and Another v. State of Up and Another

Case brief

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