P.T.C. TECHNO PRIVATE LIMITED v. STATE OF U.P. AND 7 OTHERS
A482/2443/2025 · 2025-05-05
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9610 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9610 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72599 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2443 of 2025 Applicant :- P.T.C. Techno Private Limited Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Anil Kumar,Harish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section - 482 Cr.P.C. has been preferred against order dated 04.09.2024, passed by learned Civil Judge (S.D.)-F.T.C. / Additional Chief Judicial Magistrate, Gautam Buddh Nagar, in Complaint Case No. 5415 of 2018, Police Station - Phase-2, District Gautam Buddh Nagar, whereby the application filed by applicant company for summoning certain documents has been rejected.
3. Learned counsel for the applicant submitted that impugned
order is against facts and law and thus, liable to be set aside. It was submitted that while the complaint filed by the applicant company was at the stage of Section - 202 Cr.P.C., the applicant has filed an application before the Trial court for summoning of certain documents of the arbitration proceedings pending between the parties. The said application has been rejected by the learned Trial court merely on the ground that applicant has not clarified as to how those documents are relevant and necessary for the complaint case. It was submitted that relevancy and necessity of the documents can be examined during trial. The said application has been rejected by the learned Trial court in an arbitrary manner. Referring to facts of the matter, it was submitted that impugned order is liable to be
set aside.
4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.
5. I have considered the rival submissions and perused the record.
6. It appears from record that applicant has filed the aforesaid complaint case against opposite party no.2 to 8 making several allegations. While the said complaint was pending at the stage of Section - 202 Cr.P.C., applicant has filed above referred application for summoning of certain documents of the arbitration proceedings. There is nothing to indicate that how the said documents are relevant and necessary for disposal of the complaint case. If the applicant has any grievance regarding arbitral proceedings, he can resort appropriate proceedings available under law. Learned Magistrate has considered facts of the matter and application of the applicant company was rejected by a reasoned order. There is nothing to show that there has been any abuse of the process of Court or the impugned
order has resulted into miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 482 Cr.P.C. The application under Section - 482 Cr.P.C. lacks merit and thus liable to be dismissed.
7. Accordingly, the application u/s 482 Cr.P.C. is hereby dismissed.
Order Date :- 6.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad