Dismissed

Ashwani Singhal and 2 Others v. State of U.P. and Another

Allahabad HC23 Jul 2018A482/30720/2017

Case brief

AI extract

What is this about?

In an S. 482 Cr.P.C. application seeking quashing of summons and proceedings due to alleged lack of prima facie case, the High Court held that disputed questions of fact and testimonial worth of evidence cannot be adjudicated at this stage. Finding no fall within recognized categories for quashing, the prayer was refused, and the applicant was advised to apply for bail.

What did the court decide?

Prayer for quashing the summons and proceedings was refused. The applicant was advised to apply for bail within two months.

Ashwani Singhal and 2 Others Vs State of U.P. and… — Service and Employment | Allahabad HC (2018)

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Court No. - 48 Case :- APPLICATION U/S 482 No. - 30720 of 2017 Applicant :- Ashwani Singhal & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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This application u/s 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 24.04.2017 as well as entire proceeding in Complaint Case No.4674/2016 (Smt. Saroj Khandelwal vs. Raj Kumar @ Raju and others), u/s-420, 467, 468, 471 I.P.C., P.S.-Puranpur, DistrictPilibhit, pending in the court of Judicial Magistrate, Pilibhit.

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List has been revised. Despite repeated calls none has appeared on behalf of the applicants to press this application. Learned counsel for the opposite party no.2 is present along with learned AGA. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of record and with the assistance of the learned AGA representing State.

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It seems that in order to explore the possibility of an amicable settlement between the parties, matter was referred to undergo mediation proceedings. Report of Mediation Centre dated 15.2.2018 reveals that the aforesaid attempt could not succeed and did not bear any fruit for certain reasons. The Court, therefore, deems it fit to decide the matter on merits.

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The perusal of the grounds taken in the application, though not of much help, reveal that many of them relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon on behalf of applicant. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions raised in the application on behalf of the applicants call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins.

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The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.

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Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC

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1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.

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The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.

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Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.

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A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicant arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.

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The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.

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The interim order, if any, is vacated.

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However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two months from today. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).

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In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.

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It is clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.

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With the aforesaid observations this application is finally disposed off.

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Order Date :- 23.7.2018/M. Kumar

Ashwani Singhal and 2 Others v. State of U.P. and Another

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Ashwani Singhal and 2 Others v. State of U.P. and Another

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