482 No. - 43447 of 2024 Jagdish Dubey State of U.P & Anr. v. Jagdish Dubey and another), whereby & Ors.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 156(3), 482
- Indian Penal Code, 1860 ss. 323, 379, 504, 506
Judgment
Heard Shri Vinay Kumar Agrahari, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The challenge in the present application under Section 482 Cr.P.C. is to the summoning order dated 25.10.2024 passed by the learned Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Court No.15, Deoria as well as entire proceedings of the Complaint Case No.1616 of 2023 (Pramod Dubey Vs. Jagdish Dubey and another), whereby the applicants have been summoned to face trial under Section 323 I.P.C. qua the applicant no.1 and Section 323 and 379 I.P.C. qua the applicant no.2, Police Station-Barhaj, District-Deoria.
Learned counsel for the applicants submits that an assault was made on the applicant No.1 for which a first information report dated 03.10.2022 registered as Case Crime No.217 of 2022, under Sections 506, 504 and 323 I.P.C., Police Station Barhaj, District Deoria against the opposite party no.2 and others, in which as per the assertions made in paragraph no.14, charge sheet has also been submitted. Just to create pressure on the applicants in compromising the case mentioned above by concocting a false case without any injury to support the assertions made therein. An application has been filed under Section 156 (3) Cr.P.C., which was treated as a complaint.
Matter requires consideration. 2 A482 No. 43447 of 2024
Issue notice to opposite party No.2 returnable at an early date.
Opposite party no.2 may file a counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the applicants within two weeks thereafter.
List thereafter.
Until further orders of this Court, further proceedings pursuant to the summoning order dated 25.10.2024 in Complaint Case No.1616 of 2023 (Pramod Dubey Vs. Jagdish Dubey and another), under Sections 323 and 379 I.P.C., Police Station-Barhaj, District-Deoria, shall remain stayed. October 16, 2025 Anurag/- (Rajiv Lochan Shukla,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.