Court No. - 54 Case :- APPLICATION U/S 482 No. - 34385 of 2009 Petitioner :- Smt. Lata And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Shashwat Shukla Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned AGA for the State
respondents.
The present 482 application has been filed for quashing the summoning order
dated 5.12.09 of under section 323, 308 & 34 IPC pending in the court of
Addl. District Judge, Court No. 7, Muzaffarnagar in S.T. No. 38 of 2008 on
an application filed under section 319 Cr.P.C.
It is contended by the learned counsel for the applicants that in the first
information report, general allegation has been made and applicants have been
summoned only on the statement of P.W. 1 Satya Pal wherein he stated that
the applicants were involved in the commission of the offence. It is further
contended that summoning of the applicants is bad in law and no specific role
has been assigned in the F.I.R. Learned counsel for the applicant has drawn
the attention to this Court to the statement of Satya Pal Son of Mohar Singh
who stated that Sher Pal, Subhash and Joni were armed with weapons and the
applicants were without anything and specific role has been assigned to Sher
Pal, Subhash and Joni the copy of the same has been annexed as Annexure -5
to this petition. It is thus contended that the summoning order is bad in law.
Learned counsel for the applicants relied upon a Judgement of Hon’ble
Supreme Court reported in 1998 SCC (Crl.) 1400 Pepsi Foods Ltd. and
another Vs. Special Chief Judicial Magistrate and others in support of his
contention.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks’ thereafter,
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 8.1.2010
SR