The applicant sought quashing of criminal proceedings alleging false implications and malice under IPC and SC/ST Act. The court found no useful purpose in continuing and proceeded to quash the case.
The proceedings of criminal case no. 5479 of 2008 under sections 324, 504, 506, 452 I.P.C. & Sec. 3(i)(x) SC/ST Act are quashed.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 1072 of 2009
Applicant :- Puran Chandra Upadhyay Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Arjun Singhal Counsel for Opposite Party :- Govt. Advocate,Gaurav Kakkar
Hon'ble Vivek Kumar Singh,J.
Heard Sri Arjun Singhal, learned counsel for the applicant, Sri Gaurav Kakkar, learned counsel appearing on behalf of opposite party no.2, and Sri Abhinav Prasad, learned AGA for the State and perused the record brought on record.
This application has been filed under section 482 Cr.PC with the prayer to quash the entire proceedings of criminal case no. 5479 of 2008, under sections 324, 504, 506, 452 I.P.C. & Sec.3(i)(x) SC/ST Act, P.S.Dadri, District G.B.Nagar, pending in the court of Chief Judicial Magistrate,G.B.Nagar.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior notice and he has committed no offence. It is next contended that opposite party no.2, who is sweeper launched a malicious prosecution against the applicant, who is the Principal of the Institution only for the purpose of harassment and he lodged a complaint against the applicant on an application moved under section 156(3) Cr.P.C. before the Magistrate alleging therein that the applicant had misbehaved with him and hurled abusing languages upon him with regard to the cleanliness of the institution. The Magistrate took cognizance of the matter and directed the police to register and investigate the same. After investigation the police submitted final report.
Having considered the submissions advanced by the learned counsel for the parties, this Court vide its order dated 2.2.2009 had stayed the proceeding.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Accordingly, the proceedings of the aforesaid case are hereby, quashed.
The application is, accordingly, allowed.
There shall be no order as to costs.
Order Date :- 9.7.2019 IA
2 issues framed by the court
Whether criminal proceedings instituted under sections 324, 504, 506, 452 I.P.C. & Sec. 3(i)(x) SC/ST Act should be quashed in public interest.
Whether prolonging the proceedings of the impugned case serves any useful purpose.
3 provisions across 3 enactments
Puran Chandra Upadhyay
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
