P K SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ;-

(2.) IT is also necessary to observe that law has to be applied to the facts of the case. Legislature itself was conscious that any party should not be harassed by a resort to summary proceedings. For that object in view the Legislature provided a unique procedure contained in section 137 CrPC. The person to whom the notice is served is given an opportunity of denial and is further afforded another unique opportunity to lead ex parte evidence ; and if from such evidence the Magistrate is satisfied that there is some reliable evidence in support of denial, he has to stay the proceedings directing the parties to have the matter determined by the civil court. In the circumstances it was in the fitness of things that the applicant should have filed his written statement, contesting the notice and denying the right, if it is denied, and lead evidence. Of course, if thereafter the Magistrate rejects the plea and further proceeds under section 138, CrPC the party could well come to superior court for redress of grievances. The facts atleast set up by the person, aggrieved from the notice, before the Magistrate would be known and would rather help the superior court to give any relief. In view of my aforesaid view, I would not express any further opinion in the matter and at present the application under Section 482, CrPC is rejected. The stay order is vacated. --- Application rejected.