Single Judge dismissed an application under Section 482 Cr.P.C. seeking to quash a summoning order in a trespass and criminal intimidation case. The Court found no prima facie illegality or ground to quash the proceedings.
Prayer for quashing the summoning order and proceeding refused.
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Court No. - 43
Case :- APPLICATION U/S 482 No. - 11743 of 2019 Applicant :- Anand Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Shushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 28.2.2019 including entire criminal proceedings of Complaint Case No. 443 of 2018 under Section 323, 427, 504, 506 I.P.C. pending in the court of learned Judicial Magistrate Ist Bhadohi-Gyanpur of Police Station Koirauna, District Bhadohi (Abhay Shanker Vs. Achyut Narayan and others).
Learned counsel for the applicants submits that the applicants have been falsely implicated due to ulterior motive. They have not committed any offence as alleged against them. Earlier to present complaint, the father of the applicant lodged an F.I.R. against the complainant and his son Ritesh Pandey which was registered as Case Crime No. 14 of 2018 under Section 504, 506, 427 IPC at P.S. Koirauna, District Bhadohi. Thereafter, the complainant also lodged complaint in which the final report was submitted by the police that no such occurrence has taken place. Thereafter, the complainant lodged 156 (3) Cr.P.C. which has been treated as complaint case and impugned summoning order has been passed, which is not in accordance with law and the same is liable to be quashed.
On the other hand, learned A.G.A. argued that the applicants have been summoned to face trial on the basis of statements of complainant and witnesses recorded under Sections 200 and 202 Cr.P.C. There is no illegality or irregularity in the impugned summoning order dated 28.2.2019 and there is no ground to quash the proceeding of aforementioned case.
A perusal of record shows that the applicants have been summoned to face trial on the basis of statements of complainant and witnesses recorded under Sections 200 and 202 Cr.P.C. The Magistrate dealing with the complaint at this stage has to see only prima facie case and it cannot be said that no prima facie case is made out against the applicants.Further,
there is no illegality in the Judgment passed in revision.
Considering the facts and circumstances of the case, I do not find any ground to quash the impugned summoning order dated 28.2.2019 and the proceeding of aforementioned case therefore, the prayer for quashing the same is hereby refused.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 29.3.2019 Ram Murti
1 issue framed by the court
Whether the summoning order and criminal proceedings should be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
Anand
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
