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Asim @ Mohammad Asim Khan v. State Of U.p. And Another

Asim @ Mohammad Asim Khan v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 15173 of 2022 | 20-06-2022

Yogendra Kumar Srivastava,J.

1. Heard Sri Syed Ahmed Faizan, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A.-I for the State opposite party.

2. The present application has been filed under Section 482 Cr.P.C. seeking to quash the entire proceedings of Complaint Case No. 04 of 2020 "Sayaba Vs. Asim and others" under Section 406 I.P.C., Police Station- Hasanpur, District- Amroha pending in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Hasanpur, Amroha, the order dated 05.10.2021 passed by Civil Judge (Junior Division)/ Judicial Magistrate, Hasanpur, Amroha, summoning the applicant and also the order dated 14.03.2022 passed in Complaint Case No. 04 of 2020 issuing the bailable warrant against the applicant.

3. Learned counsel for the applicant, after making submissions to some extent, has not been able to dispute the legal position that once the complaint version is supported by the statements recorded under Sections 200 and 202 Cr.P.C., the order of summoning cannot be faulted with. He accordingly submits that he does not wish to press the reliefs, as prayed for, in the application. The reliefs sought in the present application are therefore not entertained.

4. Learned counsel, at this stage, makes an alternative submission by pointing out that offences under Section 406 I.P.C. for which the applicant has been summoned would fall under 'Category A' as specified in the order of the Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] and the requisite conditions specified therein having been fulfilled, the applicant would be entitled to bail.

5. It is pointed out that in terms of an order dated 14.03.2022, nonbailable warrant has been issued against the applicant.

6. Counsel for the applicant states that the applicant would submit to the jurisdiction of the court below and seek recall of the order dated 14.03.2022 in terms of which non-bailable warrant has been issued.

7. Needless to say that in case any such application is moved, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.

8. The application stands disposed of accordingly.

Advocate List

  • Syed Ahmed Faizan,Abu Bakht

  • G.A.

Bench
  • Hon'ble Justice Dr. Yogendra Kumar Srivastava
Eq Citations
  • LQ
  • LQ/AllHC/2022/9338
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings — Applicant not disputing legal position that once complaint version is supported by statements recorded under Ss. 200 and 202 CrPC, order of summoning cannot be faulted with — Reliefs sought in present application not entertained — Criminal Procedure Code, 1973, Ss. 200, 202 and 406 I.P.C.