Sunil v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40988 of 2023 Applicant :- Sunil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 14.06.2023 as well as the entire proceedings of Complaint Case No. 3550 of 2022 (Jitendra Vs. Sunil and others), under Sections-323, 452, 504, 506 I.P.C., Police Station-Modi Nagar, District-Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad.

¶3Apart from many other grounds, learned counsel for the applicant submitted that in case, the version of complaint is treated to be correct, no case is made out under Section 452 I.P.C. as the same pertains to house trespass whereas incident took place in an open field.

¶4Learned AGA coudl not dispute the aforesaid facts.

¶5I have perused the complaint as well as record. From the perusal of complaint, it is apparently clear that incident took place in an open field and Section 452 I.P.C. provides for house trespass, therefore, no case is made out under Section 452 I.P.C.

¶6Accordingly, summoning order dated 14.06.2023 is hereby quashed and the application is allowed. The matter is remanded back to learned Magistrate to pass fresh order strictly in accordance with law within a period of one month from the date of production of certified copy of this order.

¶7No order as to costs. Order Date :- 17.11.2023 Arvind High Court of Judicature at Allahabad