Israr v. State of U.P. and Another
Case brief
What is this about?
The High Court refused the applicant's petition under Section 482 Cr.P.C. seeking quashment of summons and proceedings for cheating under IPC Sections 419/420. The court found prima facie evidence sufficient and noted no substantial ground for quashing.
What did the court decide?
Refusal of quashment; temporary stay on coercive action for 30 days to file bail application.
What the court decided
A compact analysis
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. - 15
Case :- APPLICATION U/S 482 No. - 4600 of 2018
Applicant :- Israr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
By way of the instant application, the applicant has sought quashment of the proceeding of Complaint Case No.2644 of 2016, Anil Kumar vs. Manoj and others, under Sections 419, 420 IPC, P.S. Behat, District Saharanpur including the summoning order dated 07.03.2017 passed by Ld. Additional Chief Judicial Magistrate- III, Saharanpur, District Saharanpur.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicant under Sections 419, 420 IPC. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned AGA refuted the aforesaid submission and submitted that the order of the court below is based on material on record and the same requires no interference. He further adds that so far as factual aspects are concerned, the same cannot be adjudicated upon by this Court. The same falls within the domain of the court below.
Issues for consideration
2 issues framed by the court
Whether the application for quashing the summons and proceeding under Sections 419 and 420 IPC should be allowed.
Whether anything is made out for quashing the impugned summoning order.
Parties & counsel
- applicant
Israr
- respondent
State Of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/4600/2018
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