This order dismisses an application under Section 482 Cr.P.C. seeking to quash a summoning order in a criminal case treated as a complaint, holding that Sections 200 and 202 Cr.P.C. do not apply when the complainant is a public servant.
The present application was dismissed.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 75 of 2020
Applicant :- Raghuveer And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicants, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer to quash the impugned order dated 01.04.2019 as well as the entire proceedings of Criminal Case No.839 of 2019 (State Vs. Raghuveer And Others) C.N.R. No. 04006389/2019, under Sections- 323, 504 I.P.C., Police Station- Sikandra, DistrictKanpur Dehat.
Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
Learned counsel for the applicants argued that a charge-sheet was filed for offence punishable under Section 323, 504 of IPC, wherein cognizance was taken. A proceeding in Application U/S 482 No. 9529 of 2019 (Raghuveer And 3 Others Vs. State of U.P. And Another), was filed wherein Co-ordinate Bench of this Court vide order dated 11.03.2019, set-aside the impugned cognizance taking order and made a direction for taking a proceeding as complaint case under Section 2 (d) of Cr.P.C., when this order was placed before the trial court, the trial court passed the impugned summoning order on 01.04.2019 but still the said case was never registered as complaint case. Hence, this application with above prayer.
Learned AGA has vehemently opposed.
From the very perusal of impugned order, it is apparent that Magistrate has taken notice of order of this Court regarding treating the charge-sheet as complaint and it has been mentioned in above order but as complainant or their witness are not required to be examined under Section 200 and 202 of Cr.P.C., where complainant is a public servant and has filed a complaint in exercise of his official duties as a public servant and in the present case the situation was the same. Hence, no one remain for examination under Section 200 and 202 of Cr.P.C., thereafter impugned summoning order was passed, i.e., the entire contention of applicants, is against the facts available
on record. It was a order in a complaint case, which was treated to be a complaint in view of direction of this Court.
In view of the above, the present application is dismissed.
Order Date :- 7.1.2020 S.K.
2 issues framed by the court
Whether to quash a summoning order passed in a complaint case treated as a complaint by a coordinate bench.
Whether Sections 200 and 202 Cr.P.C. require examination when the complainant is a public servant.
2 provisions across 2 enactments
Raghuveer And 3 Others
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
