Quashed

Avnish and 5 Others v. State of Up and Another

Allahabad HC13 Sept 2024A482/15867/2024

Case brief

AI extract

What is this about?

The High Court set aside a summoning order passed under Sections 326, 452, 147, 504, and 506 IPC, finding it lacked requisite reasoning under Section 204 Cr.P.C. and ignored earlier proceedings. The matter was remanded to the Trial Court to pass a fresh order after hearing the complainant, following precedents in Rakesh and Zunaid.

What did the court decide?

Impugned summoning order set aside; matter remanded to Trial Court for fresh order after hearing the complainant.

Avnish and 5 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:149818

¶2

Court No. - 74

¶3

Case :- APPLICATION U/S 482 No. - 15867 of 2024

¶4

Applicant :- Avnish And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

1.Heard Sri Rakesh Kumar Mathur Advocate, holding brief of Sri Sunil Kumar, learned counsel for the applicants and Sri D.P.S. Chauhan, learned A.G.A.

¶7

By means of this application, applicants have prayed for quash the summoning order dated 31/05/2022 under sections 326, 452, 147, 504, 506 I.P.C. passed by Additional Civil Judge (Junior Division)/ Judicial Magistrate court no.3 Mainpuri as well as entire proceeding of Criminal complaint case no. 37 of 2021 (Sobran Versus Avnish and others), Police Station- Kurra, District Mainpuri, pending in the Court of Additional Civil Judge (Junior Division)/ Judicial Magistrate Court no.3 Mainpuri.

¶8

This Court is not satisfied with explanation for delay in approaching this Court to invoke the inherent jurisdiction, still considering argument of learned counsel for the applicants that impugned summoning order dated 31.5.2022 is bereft of requisite reasoning as required under Section 204 Cr.P.C. that there are sufficient ground to proceed as well as that learned Magistrate has failed to mention the statements recorded under Section 202 Cr.P.C. even in brief, the Court considers the arguments.

¶9

In aforesaid circumstances, attending circumstances also become relevant that first attempt of complainant by way of filing an F.I.R. for same occurrence got failed. Since final report was accepted and Protest Petition was rejected vide order dated 3.3.2015 and revision thereof was rejected in the year 2016 and thereafter applicants have kept silence for about three years and thereafter the present compliant case was instituted. However, learned Magistrate has not assigned any reason whatsoever to summon the applicants on same set of facts, without even taking note of earlier proceedings, therefore, impugned dated 31.5.2022 in the present form has suffered with legal infirmities.

¶10

In aforesaid circumstances, impugned order dated 31.5.2022 is set-aside and since this order is passed without issuing notice to the Opposite Party No.2 this application is remanded back to learned Trial Court to pass a fresh order taking note of observations passed in Rakesh & Anr Vs. State of Uttar Pradesh & Anr (2014) 13 SCC 133 which has been recently followed in Zunaid Vs. State of U.P. & Ors, 2023 INSC 778 after hearing the complainant.

¶11

With the aforesaid direction, this application is disposed of

¶12

Order Date :- 13.9.2024 SB

¶13

Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Avnish and 5 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Avnish and 5 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Praveen Saxena Alias Rinku vs State of U.P. and Another

Vishal Rastogi and Another vs State of U.P. and Another

Uddeshya @ Prabal vs State of U.P. and 2 Others

Gurpreet Singh Bhogal and Another vs State of Up and Another

Devanand Chaurasiya Alias Dabbu and 3 Others vs State of U.P. and Another

Vishesh Garg and Another vs State of U.P. and Another