In this Section 482 Cr.P.C. application, the applicant sought quashing of criminal proceedings and a summoning order, alleging malafide prosecution. The High Court found a prima facie case and no infirmity, dismissing the application.
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Court No. - 1
Case :- APPLICATION U/S 482 No. - 13509 of 2018 Applicant :- Vinod Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mohd. Irfan, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.7785 of 2016 (Ramesh Singh Vs. Vinod Singh) under Sections 420, 504, 506 I.P.C., Police Station Tanda, District Rampur as well as summoning order dated 01.02.2017 passed by Chief Judicial Magistrate, Rampur.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case as well as the summoning order dated 01.02.2017 and has submitted that the same do not suffer from any illegality or infirmity. Considered the submissions advanced by learned counsel for the parties and perused the impugned order. From a perusal of the impugned order, it is apparent that the learned Magistrate has passed the said order after having found prima facie case made out against the applicant and
cognizable offence is disclosed from the perusal of the complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C.
In view of the above, no ground for quashing the proceedings of the aforesaid case as well as the summoning order dated 01.02.2017, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 20.4.2018/Nitin Verma
2 issues framed by the court
Whether the proceedings under Sections 420, 504, 506 I.P.C. and the summoning order should be quashed as the complaint discloses no offence or was instituted with malafide intentions.
Whether a prima facie case is made out against the applicant from the perusal of the complaint and statements recorded under Sections 200 and 202 Cr.P.C.
1 provisions across 1 enactments
Vinod Singh
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
