Vikas Vishwas & Others vs Neeraj Kumar

Manoj K. Tiwari, J

This criminal miscellaneous application has been filed by the applicants for quashing the summoning order dated 27.04.2016 as well as entire proceedings of Criminal Case no. 4370 of 2015, under Sections 323, 452, 504 & 506 of I.P.C., pending in the court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

According to the applicants, applicant No. 1 had lodged First Information Report against respondent - Neeraj Kumar, under Sections 323, 452 and 506 of I.P.C. on 15.08.2015 and charge-sheet has been filed by the Investigating Officer against Neeraj Kumar. Learned counsel for the applicants submits that in counterblast, Neeraj Kumar filed a criminal complaint against the applicants, under Sections 147, 148, 323, 452, 504 and 506 of I.P.C. Learned Chief Judicial Magistrate, after recording the statements of complainant and witnesses, under Sections 200 and 202 of Cr.P.C. summoned the applicants vide order dated 27.4.2016, under Sections 323, 452, 504 and 506 of I.P.C. A perusal of the impugned summoning order reveals that learned Magistrate has considered relevant material for arriving at the satisfaction that prima facie case is made out to proceed against the accused.

I have considered the submission advanced by learned counsel for the parties.

After hearing learned counsel for the parties, I do not find any justification to interfere in the impugned summoning order passed by learned trial court. It is settled position in law that the Court would interfere with a summoning order or proceedings of a criminal case only in rarest of cases where the offence is not made out or there is gross injustice to the accused-applicant. It is also settled position of law that this Court, while hearing the petition under Section 482 Cr.P.C., is not sitting as a trial court & this Court cannot take into consideration the plausible defence of the accused during the course of hearing. I am of the view that the factual aspect of this case needs evidence to be adduced by the parties before the court concerned and the trial court after considering the evidence on record will decide the matter in accordance with law. I am not supposed to embark upon an enquiry with regard to the accusation of the applicants at this stage, as any judgment rendered by me would amount to pre-trial. Therefore, in view of the above facts as well as the submission raised by learned counsel for the applicants, I do not find any abuse of process of court in this case and no flagrant injustice is also going to be caused to the applicants in the case. The contentions, which the learned counsel for the applicants has raised before me, can be raised during defence and evidence may also be led on those aspects.

Accordingly, the criminal miscellaneous application under Section 482 Cr.P.C. filed by the applicants is dismissed. Interim order dated 23.09.2016 stands vacated.

However, since summoning order is revisable order under Section 397 of Cr.P.C., therefore, this Court refrains to pass any order. However, the applicants are at liberty to avail appropriate remedy, if so advised. It is further made clear that the time spent by the applicants in pursuing remedy before this Court will be considered, while considering application under Section 5 of the Limitation Act.