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Mahendra vs State Of U.P.And Another on 23 May, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- APPLICATION U/S 482 No. – 19651 of 2019

Applicant :- Mahendra

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Pradeep Kumar Singh,Ashish Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.

This application under Sectionsection 482 Cr.P.C. has been filed for quashing the summoning order dated 28.3.2019 passed by Additional Chief Judicial Magistrate, Court No. 7, Varanasi in Complaint Case No. 124 of 2018 for the offence under Section 354 IPC.

Submission of learned counsel for the applicant is that since he has been falsely implicated in this complaint case, the entire proceedings consequent to summoning order may be quashed.

Learned A.G.A. has vehemently opposed the prayer of applicant and submitted that against summoning order, he has an alternative remedy of filing criminal revision before the competent court.

From perusal of record, it appears that jurisdiction of this Court under Section 482 Cr.P.C. has been unnecessarily invoked by the applicant as there is an alternative remedy of filing criminal revision before the competent court. Therefore, there is no need to interfere in the matter.

However, looking to the facts and circumstances of the case, this application is finally disposed of with the direction that if the applicant surrenders and files bail application before the competent court within three weeks from today, the same shall be considered and decided by the court concerned expeditiously.

Application is finally disposed of.

Order Date :- 23.5.2019

RCT/-

 

 

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