Neutral Citation No. - 2025:AHC:68477 Court No. - 87 Case :- APPLICATION U/S 482 No. - 36645 of 2024 Applicant :- Sabha Ram And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Lakshmi Kant Pandey,Niwas Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Lakshmi Kant Pandey, learned counsel for the applicants, Sri S.D. Pandey, 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 applicants with a prayer to quash summoning order dated 16.05.2024 passed by Court of A.C.J.M. 6th, Allahabad in Case no.1324 of 2011 (Neelam Devi vs. Sabharam and others). 3. The facts of the case are that initially one Neelam Upadhyay lodged a N.C.R. against the applicants on 13.08.2010. The matter was investigated by the Investigating Officer and chargesheet was submitted against the applicants on 14.06.2011 u/s 323 and 504 IPC. Being aggrieved, the applicants preferred Crl. Misc. Application u/s 482 Cr.P.C. No.16536 of 2013 was disposed of vide order dated 15.05.2013 and cognizance order was set aside and the concerned Magistrate was directed to treat the matter as a complaint case. In pursuance of aforesaid order, the court below treated the matter as a complaint case and recorded the statements of complainant and the witnesses u/s 200 and 202 Cr.P.C. respectively. Thereafter, on 30.08.2018, the complainant died during pendency of the said case. The applicants moved an application u/s 249 Cr.P.C. on 25.03.2019 before the concerned court below with a prayer to abate the proceedings of the case in view of the provisions of Section 256 Cr.P.C. as the complainant has died. Subsequent to aforesaid application of the applicants, death report of the complainant was called for by the court below and the case was fixed for disposal of the application. However, without deciding the said application, court below has passed summoning order on 16.05.2024 16.05.2024, which has been assailed by means of the instant application. 4. Learned counsel for the applicants submitted that the court below has committed error in passing the impugned summoning order as the complainant has already died and the applicants have moved an application u/s 249 Cr.P.C. on 25.03.2019 before the concerned court below with a prayer to abate the proceedings of the case in view of the provisions of Section 256 Cr.P.C. The court below has passed the summoning order in most arbitrary manner without deciding the application of the applicants, which is not sustainable in the eyes of law and is liable to be set aside. 5. Per contra, learned A.G.A. contended that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. He further submitted that the proceedings of a complaint case cannot be quashed just on the ground that the complainant has passed away. 6. After hearing rival submissions of learned counsel for the parties and perusing the record in the light of the provisions of Cr.P.C., I am of the view that the summoning order has been passed by the court below in exercise of its discretionary power conferred under the provisions of law, which does not suffer from any infirmity, impropriety or illegality so as to warrant any interference by this Court. 7. Hence, the instant application filed under Section 482 Cr.P.C., being devoid of merits, cannot be entertained and is, accordingly, dismissed. Order Date :- 1.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad