The Court quashed a summoning order passed by the Additional Chief Judicial Magistrate, Kasya, which was issued without recording the requisite statements under Sections 200/202 Cr.P.C. as a violation of law.
Quashed of summoning order dated 04.12.2019. Matter remitted to the court below to decide afresh.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 1682 of 2022
Applicant :- Chhedi Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the summoning order dated 04.12.2019 passed by Additional Chief Judicial Magistrate, Kasya, Kushi Nagar as well as entire proceedings of Complaint Case No.1800 of 2019 (Forest Department Vs. Chhedi Singh) under sections 48A,49, 51 Wild Life (Protection) Act, P.S. Kasya, District Kushi Nagar pending in the court of Additional Chief Judicial Magistrate, Kasya, Kushi Nagar.
Learned counsel for the applicant states that on the very same day, without recording the statements under sections 200/202 Cr.P.C., the impugned order has been passed, which is not permissible in the eyes of law and therefore, the same is liable to be quashed by this Court.
Per contra, learned A.G.A. has opposed the prayer of this application.
After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, this Court is of the opinion that the order impugned is liable to be quashed.
Accordingly, it is quashed and the matter is remitted to the concerned Court below to consider and decide the matter a fresh in according with law as expeditiously as possible in accordance with law.
With the aforesaid direction, the instant application is disposed of.
Order Date :- 4.4.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.04.06 10:58:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the quashing of a summoning order passed without recording statements under Sections 200/202 Cr.P.C. is legally sustainable.
Whether the proceedings under sections 48A, 49, and 51 of the Wild Life (Protection) Act can be quashed and remanded for fresh consideration.
1 provisions across 1 enactments
Chhedi Singh
State Of U.P.
Gautam Chowdhary
As recorded by the court registry
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