The Allahabad High Court dismissed an application under Section 482 Cr.P.C. challenging a summoning order. The court noted unexplained delay and prima facie evidence of a cognizable offence, finding no grounds to interfere.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 16064 of 2022
Applicant :- Vipin Verma And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Summoning order passed by the Addl. Chief Judicial Magistrate, Kerana District Shamli dated 20.6.2016 is assailed in the present petition without explaining the reasons for the delayed approach in respect of the alleged cause. The only reason disclosed for challenging the order is that in mediation proceedings before the Delhi Government Mediation and Conciliation Centre, an order was passed to pay maintenance at the rate of Rs. 8000/per month to the wife. There is, however, no assertion that this order has been complied with and the amount is being consistently paid.
Since prima-facie allegations with regard to commissioning of cognizable offence are disclosed in the complaint which is supported by the statement under Sections 200 and 202 Cr.P.C., therefore, no occasion arises for this Court to interfere with the summoning order passed, particularly, when the reason for delay is not explained, otherwise.
Dismissed accordingly.
Order Date :- 28.6.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.06.29 17:56:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can quash the summoning order in the absence of an explanation for delay and prima facie disclosure of a cognizable offence.
Vipin Verma
Ashwani Kumar Mishra
Naseem Uddin
As recorded by the court registry
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