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2025 DAILYLAW 5211 (UTT)

AMIT KUMAR AND ORS v. PRIYA

C528/480/2025 · 2025-05-01

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:3368 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 01.05.2025 C528 No.480 of 2025 Hon’ble Vivek Bharti Sharma, J. Mr. Abhishek Verma, learned counsel for the petitioners. 2. As per office report, the petition is defective. 3. The defects are overruled. 4. This C528 petition is filed for setting aside the summoning order dated 02.09.2023 and order dated 15.02.2025 as well as entire proceedings of Complaint Case No.1703 of 2022 (Complaint Case No.789 of 2024) Under Sections 498-A, 323, 504 and 506 of IPC, “Smt. Priya Vs. Vikas Sharma & Others”, Police Station Shyampur, Haridwar, pending before the Court of Learned Additional Chief Judicial Magistrate, Haridwar. 5. Learned counsel for the petitioners would submit that though the summoning order was issued on 02.09.2023, however, vide order dated 15.02.2025 it was corrected; that, the summoning order dated 02.09.2023 could not be served as names of the petitioners/accused were incorrect; that, after correcting the names of the petitioners /accused persons, Non-Bailable Warrants were issued against the petitioners /accused. 6. Mr. Pratiroop Pandey, learned Assistant Government Advocate present in the Court would submit that petitioners has an efficacious remedy of challenging the summoning order before the Sessions Judge, Haridwar. 7. However, at this stage, learned counsel for the petitioners /accused seeks permission to withdraw the present petition with liberty to file the revision with appropriate application for condonation of delay on the ground of lack of knowledge about the summoning order. 8. In view of the above, the present petition is dismissed as withdrawn with liberty as above. 9. The District and Sessions Judge, Haridwar is directed to decide the revision, if filed, along with incidental application for condonation of delay, as per law. (Vivek Bharti Sharma, J.) 01.05.2025 SS