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2025 DAILYLAW 84136 (ALL)

AJAY v. State of U.P. AND ANOTHER

A482/25575/2024 · 2025-05-14

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80071 Court No. - 87 Case :- APPLICATION U/S 482 No. - 25575 of 2024 Applicant :- Ajay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbeer Singh,Gaurav Srivastav,Seemi Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Balbeer Singh, learned counsel for the applicants, Sri Shashi Dhar Pandey, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicants praying for quashing the order dated 29-02-2024 in Criminal Revision No. 353 of 2023, summoning order dated 16-09-2022 as well as entire proceedings of Complaint Case No. 4333 of 2022, under Sections 323, 354, 452, 427, 504, 506 IPC, P.S. Etmadpur, district Agra. 3. The factual background reveals that the father of the applicant had earlier filed an application under Section 156(3) Cr.P.C. on 06.01.2022 against the husband and relatives of opposite party no. 2, which was treated as a complaint case by order dated 12.04.2022 and registered as Complaint Case No. 110 of 2022. Thereafter, the learned Additional Chief Judicial Magistrate, Court No. 4, Agra, passed a summoning order on 16.05.2023 under Sections 323 and 504 I.P.C. Subsequently, in an apparent counterblast, opposite party no. 2 filed Complaint Case No. 4333 of 2022 on 15.04.2022 under Sections 323, 354, 352, 380, 427, 504, 506, and 120B I.P.C. before the learned Civil Judge (J.D.) 1st, Agra. The statements of the complainant under Section 200 Cr.P.C. and those of witnesses under Section 202 Cr.P.C. were recorded on 07.05.2022, 01.06.2022, and 06.07.2022 respectively. Based on these, the learned Magistrate summoned the applicant under Sections 323, 354, 452, 427, 504, and 506 I.P.C. and the co- accused under Sections 323, 452, 427, 504, and 506 I.P.C., by order dated 16.09.2022. 4. Thereafter, the applicant filed a discharge application under Section 245 Cr.P.C. on 03.05.2023, which was opposed by opposite party no. 2 on 12.05.2023. The said application was ultimately rejected by the learned Magistrate by order dated 16.09.2022. Aggrieved, the applicant preferred Criminal Revision No. 357 of 2023 before the learned District and Sessions Judge, Agra, challenging the summoning and rejection orders. However, the said revision was also dismissed by the learned Additional Sessions Judge, Court No. 01, Agra, vide order dated 29.02.2024. 5. Per contra, learned A.G.A. has vehemently opposed the application and contended that no interference is required in both the orders. 6. Heard counsels for the parties and perused the record. 7. Having considered the submissions advanced and upon perusal of the complaint, the statements recorded under Sections 200 and 202 Cr.P.C., as well as the impugned summoning and revisional orders, this Court does not find any illegality or perversity warranting interference in exercise of jurisdiction under Section 482 Cr.P.C. The summoning order has been passed upon due consideration of the materials on record, and the dismissal of the revision confirms the judicial satisfaction recorded by the subordinate courts. The arguments raised by the applicants pertain to disputed questions of fact, which can appropriately be adjudicated during trial. This Court is not inclined to interfere in the proceedings at this stage. 8. Hence, the instant application cannot be entertained and is, accordingly, dismissed. Order Date :- 15.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad