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Neutral Citation No. - 2025:AHC:74509 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33312 of 2024 Applicant :- Sharada Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri A.K. Mishra, learned counsel for the applicant, Sri Jyoti Kumar Singh, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash summoning order dated 16.02.2024 passed by Additional District and Sessions Judge/Special Judge (Dacoity Affected Area), Banda u/s 323, 325, 504, 506 IPC in Special Criminal Case No.12 of 2023 (Sharda vs. Prabhan @ Reshu) P.S. Kotwali Baberu, District Banda only to this extent to summon O.P. no.2 to face trial as well as further be pleased to direct the court below to pass a fresh order only to this extent to summon all the three accused persons including O.P. no.2 u/s 392 IPC and Section 3(1)(10) of SC/ST Act. 3. Learned counsel for the applicant submitted that the instant application has been preferred by the complainant. The complaint in the matter was filed on 21.03.2023 and after adducing evidence, the trial court has summoned only two accused vide order dated
16.02.2024. The applicant by means of instant application has challenged the summoning order on the ground that all the co- accused persons have not been summoned. 4. Per contra, learned A.G.A. submitted that the court below has rightly passed the summoning order and had summoned the accused persons who were actually involved in commission of the alleged crime. He submitted that in case the applicant is aggrieved with the summoning order, he may approach the court below and file an appropriate application in this regard. 5. Heard learned counsel for the parties and perused the record. It appears that vide order dated 16.02.2024 the court below has
passed summoning order after conducting preliminary enquiry of the complaint case lodged by the applicant whereby some of the accused persons have been summoned. It is pertinent to mention here that nowadays it has become a practice to implicate all the family members of the accused, who allegedly commits any offence. 6.
In view of aforesaid, I see no illegality or infirmity in the impugned summoning order justifying any interference by this Court. The instant application lacks merit and is, accordingly, dismissed. Order Date :- 8.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad