The High Court refused the prayer to quash a summoning order in a criminal complaint under Sections 323, 504, 506, and 427 IPC. The Court found no ground to grant indulgence to the applicants, noting they could move for discharge before the trial court at an appropriate stage.
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Neutral Citation No. - 2024:AHC:131025
Court No. - 82
Case :- APPLICATION U/S 482 No. - 25431 of 2024 Applicant :- Devi Charan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Randhir Jain,Sandeep Kumar Keshari,Sudhanshu Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed by the applicants with prayer to allow this application and quash the summoning order dated 22.1.2024 in Complaint Case No. 4165 of 2021, under Sections 323, 504, 506, 427 IPC, Police Station Jansa, District Varanasi, passed by learned court of Additional Chief Judicial Magistrate, Court No. 6, Varanasi.
It is submitted by learned counsel for the applicants that in this case, they are innocent and have not committed any offence. An application under Section 156(3) Cr.P.C. filed by the complainant was treated as complaint and the statements of complainant and other witnesses under Sections 200 and 202 Cr.P.C. were recorded and summoning order dated 22.01.2024 was passed by the learned court concerned without examining their authenticity, which cannot be said to be lawful, therefore, request to quash the summoning order.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and material on record, the contents of complaint, the statements of the complaint and other witnesses there appears no any ground to grant any indulgence in favour of the applicants. As a result prayer for quashing the summoning order is hereby refused. There is an option to the applicants to move for discharge before the learned court concerned at the appropriate stage with their submissions that will be considered on the basis of material on record.
Accordingly, the present application is disposed of , finally.
Order Date :- 13.8.2024/Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether there are sufficient grounds to quash the summoning order passed by the Magistrate without examining the authenticity of evidence.
4 provisions across 2 enactments
Devi Charan
And 2 Others
State of U.P.
Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
