MAMCHAND AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Mamchand and Naresh against State of U.P. and Amrish with prayer to quash summoning order dated 6.9.2019 as well as entire proceedings of Criminal Complaint Case No. 793 of 2019, Amrish Vs. Mamchand and another, under Sections 323 , 504 , 506 I.P.C. arising out of Case Crime No. 0214 of 2015, u/s 452, 323, 427, 504, 506 I.P.C ., P.S. Badgaon, district Saharanpur, pending in court of Civil Judge (J.D.)/ J.M., Deoband, District Saharanpur.

(3.) Learned counsel for applicants argued that this summoning is being challenged on the ground of section 468 Cr.P.C. Final report was submitted in investigation of Case Crime No. 0214 of 2015, whereupon protest petition was filed by complainant Amrish after lapse of three years three months. Then after this enquiry under section 200 and 202 Cr.P.C. was taken and after that impugned summoning order was passed. Whereas occurrence was of 31.8.2015 at 5.00 P.M. and this case crime number 214 of 2015 was got registered at P.S. Badgaon, District Saharanpur, on 1.9.2015 at 16.30 hours. This was upon report of Amrish against Mamchand and Naresh for offence punishable u/s 452, 323, 427, 504, 506 I.P.C ., wherein investigation resulted submission of final report dated 23.9.2015. But protest petition was filed on 4.1.2019. Then after statement of Amrish was recorded on 5.8.2019 u/s 200 Cr.P.C . and of his witnesses Bhoop Singh on 19.8.2019 and Pawan on 24.8.2019, then after summoning order dated 6.9.2019 was passed. Hence it was barred by provisions of section 468 of Cr.P.C. In support of his contention law of Apex Court in 2014 Law Suit (SC) 459, Sarah Mathew Vs. Institute of Cardio Vascular Diseases and others, of Rajasthan High Court in 2017(2) Cr.L.R. 576, Dr. Vimal Razdan Vs. State of Rajasthan and others, and of Karnataka High Court in 1990 Cri. L.J. 360, Basavantappa Basappa Bannihalli and another Vs. Shankarappa Marigallappa Bannihalli have been pressed.