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Mahesh And 2 Others vs State Of U.P. And Another on 2 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 24747 of 2019

Applicant :- Mahesh And 2 Others

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

Counsel for Applicant :- Laxmi Kant Bhatt

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the parties and perused the record.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 29.10.2018 as well as entire proceedings of Complaint Case No. 2258 of 2018 (Smt. Mamta Vs. Mahesh others), under Section 406 IPC, P.S. Kankar Khera, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Meerut.

Submission of learned counsel for the applicants is that applicants have been summoned for the said offence in a complaint case by the impugned order, whereas applicant nos. 2 and 3 are living separately from applicant no. 1 and they used to live separately since the period when applicant no. 1 and opposite party no. 2 were living together. Therefore, it has been requested that learned trial court should be directed not to take any coercive action at least against applicant nos. 2 and 3.

From perusal of summoning order and the annexed records, it appears that complaint case was filed by opposite party no. 2 against applicants and in support of complaint, opposite party no. 2 examined herself and P.W. 1 and P.W. 2 were examined under Sectionsection 202 Cr.P.C. From perusal of record, it also appears that applicants have been summoned for the offence under Sectionsection 406 IPC.

On being asked whether any criminal revision has been preferred against the impugned order by the applicants or not, the learned counsel for the applicants submitted that no such criminal revision has been preferred.

It appears strange that when an alternative remedy of filing criminal revision is available against the summoning order why the applicants have rushed this Court straight way by filing this application under section 482 Cr.P.C.

The impugned order has been passed after recording evidence of witnesses and the complainant and the same is judicial order which is based on evidence on record. It can be hardly said that judicial order passed after application of judicial mind comes under the category of abuse of process of court. Therefore, I find no force in the application, hence same is liable to be dismissed.

However, in view of the fact and circumstances of the case, it is observed that if the applicants appear before the court below and apply for bail, their bail application may be considered and decided expeditiously on the same day, keeping in view that the matter pertains to the matrimonial kind of dispute.

The application is disposed of as above.

Order Date :- 2.7.2019

RCT/-

 

 

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