Anuj @ Billu and 3 Others v. State of U.P. and Another
Case brief
What is this about?
High Court in an application under Section 482 Cr.P.C. set-aside a summoning order and remanded matter to Magistrate for passing a fresh order after recording categorical findings when summons were passed without recording findings on prima facie case for certain offences.
What did the court decide?
Summons order set aside and matter remanded to learned Magistrate for passing fresh order after recording categorical findings.
What the court decided
Neutral Citation No. - 2023:AHC:221351
Court No. - 92
Case :- APPLICATION U/S 482 No. - 40371 of 2023
Applicant :- Anuj @ Billu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra,Abhay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Sanjay Mishra, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Summoning/Cognizance order dated 12.07.2023 and the entire proceedings of Complaint Case No. 378 of 2021 (Avanish Kumar vs. Anuj @ Billu & Others) u/S 323, 452, 504 I.P.C., P.S.- Usrahar, District- Etawah, pending in the court of learned Civil Judge(J.D.), F.T.C./Judicial Magistrate (C.A.W.), Etawah.
3. Learned counsel for the applicants submits that initially the application u/S 156(3) Cr.P.C. was filed against all the accused persons by the opposite party no.2, which was converted into the complaint case and after recording the statements u/S 200 and 202 Cr.P.C., the earlier summoning order dated 04.01.2022 was passed issuing summons against all the accused persons for the offences u/S 323, 452, 504 I.P.C. against which revision was preferred by the applicants herein being Criminal Revision No. 84 of 2022, which was allowed vide order dated 30.08.2022, whereby the order dated 04.01.2022 was set-aside and matter was remanded back to the learned Magistrate for passing a fresh order in accordance with law. Thereafter, on 12.07.2023, the impugned summoning order has been passed summoning the applicant nos. 1 & 2 for the offences u/S 452 I.P.C and the applicant nos. 3 and 4 for the offences u/S 323, 504 I.P.C. On the basis of contradiction of statements of witnesses, learned counsel for the applicants submits that the instant prosecution is nothing but is based on false and concocted story of the opposite party no.2. Therefore, there are various contradictions in the statements of witnesses, therefore, he has prayed for quashing of the entire proceedings as well as the summoning order dated 12.07.2023.
Issues for consideration
2 issues framed by the court
Whether impugned summoning order passed without recording findings on prima facie case for certain offences deserves to be set-aside
Whether matter requires remand to Magistrate for passing fresh order after recording categorical findings
Parties & counsel
- applicant
Anuj @ Billu And 3 Others
- respondent
State of U.P.
Coram
Anish Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A482/40371/2023
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