Ashwani Kumar and Others v. State of U.P. and Another
Case brief
What is this about?
The court refused the prayer to quash the summons and revisional orders in a criminal complaint case. However, it directed the trial court to conclude the case within 6 months and held no coercive action against applicants until trial completion.
What did the court decide?
Prayer for quashing refused. Directed trial to conclude within 6 months. No coercive action until trial ends. Interim order vacated.
What the court decided
Court No. - 69
Case :- APPLICATION U/S 482 No. - 25130 of 2007
Applicant :- Ashwani Kumar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivasta,R.P.Srivastava Counsel for Opposite Party :- Govt. Advocate,B.N. Pandey
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the counsel for opposite party no.2 has been taken on record.
Heard Sri Ravindra Prakash Srivastava and R.P.Srivastava, learned counsel for the applicants, Sri B.N. Pandey, learned counsel for the opposite party no.2 and learned AGA for the State and perused the record brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the orders dated 1.6.2006 passed by Judicial Magistrate-1st (Court No. 12) Basti in Complaint Case No. 2330 of 2006, under sections 147,323,504,506,427,452 I.P.C. P.S. Walterganj, District Basti and also to quash the revisional order dated 22.6.2007 passed by the Special Judge, E.C. Act in Criminal Revision No. 445 pf 2006 pending in the court of Judicial Magistrate, Court No. 12, Basti.
Learned carousel for the applicants contended that the informant, father of opposite party no.2 filed a complaint against against all the family members of the applicants alleging therein that on 9.5.2006 after mid day the complainant and his son digging foundation of his wall and they objected for digging the foundation of wall thereon a dispute took place. The learned magistrate recorded the statement of the witnesses and without perusing the material available on record illegally summon the applicants under section 147, 323, 504, 506, 427, 452 I.P.C. by order dated 1.6.2006. That against the summoning order dated 1.6.2006 the applicants filed a revision before the Special Judge, E.C. Act Basti, which has been rejected by the learned Special Judge, Basti on 22.6.2007.
Issues for consideration
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the summons order and revisional order may be allowed subject to expedited trial directions.
Whether coercive action can be held in abeyance until the conclusion of the trial.
Parties & counsel
- applicant
Ashwani Kumar
- respondent
State of U.P.
- respondent
Other Opposite Party
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A482/25130/2007
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