High CourtsSingle Bench(2018) 01 UK CK 0028

Madan Mohan Baurai & others vs Tarun Kumar Baurai

Uttarakhand High Court · Decided on 4 January 2018

HON’BLE JUDGES
Sudhanshu Dhulia
RESULT
Disposed off
CASE NUMBER
09 of 2018

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Judgment

12 paragraphs · 213 words
1.

Mr. Pawan Mishra, Advocate, present for the applicants.

2.

A complaint has been moved by the respondent against the applicants, which has been registered as Complaint Case No.3905 of 2015 before

the learned Additional Chief Judicial Magistrate, 1st Dehradun. Consequently, after recording the statement of the complainant under Section 200

of CrPC and the statements of the witnesses under Section 202 of CrPC, the learned Magistrate has summoned the applicants vide order dated

23.09.2017. Hence, the present application filed by the applicants under Section 482 of Cr.P.C., invoking the inherent jurisdiction of this Court.

3.

Perused the summoning order dated 23.09.217 passed by the learned Additional Chief Judicial Magistrate, 1st, Dehradun.

4.

In view of this Court, there is no anomaly in the summoning order dated 23.09.2017 passed by the learned Magistrate. Moreover, there is no

provision under the law that before summoning the accused, he is liable to be heard.

5.

Consequently, no interference is being called for by this Court.

6.

However, in case, the applicants appear before the court concerned and move an application for their bail, the same shall be considered, as far

as possible on the same day itself on its merit in accordance with law

7.

The application filed under Section 482 of Cr.P.C., stands disposed.