The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings for an offence under Sections 323, 325, 504, 506 I.P.C. The court held that no ground existed to quash the proceedings including the summoning order.
Prayer for quashing the criminal proceedings and summoning order is refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- APPLICATION U/S 482 No. - 17029 of 2018
Applicant :- Sujata Tomar And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding of case including summoning order dated 29.01.2018 passed by A.C.J.M., court no.2, Agra in complaint case no.4363 of 2017, under Sections 323, 325, 504, 506 I.P.C., P.S. Hari Parwat, District Agra.
The contention of the 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including order dated 29.01.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Order Date :- 27.11.2018
Asha
2 issues framed by the court
Whether the criminal proceedings instituted under Sections 323, 325, 504, 506 I.P.C. should be quashed to prevent harassment.
Whether any offence is disclosed against the applicant.
1 provisions across 1 enactments
Sujata Tomar And Anr
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
