Single judge application under Section 482 Cr.P.C. sought to quash criminal complaints and summoning order. The court found no infirmity or illegality in the impugned order as a prima facie case existed against the applicant.
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. - 73
Case :- APPLICATION U/S 482 No. - 27289 of 2019
Applicant :- Dharmendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Praveen Singh,Abhishe Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 3917/9 of 2017 under Sections 323, 504, 506 IPC, Police Station Nayi Mandi, District - Muzaffar Nagar pending in the Court of Addl. Chief Judicial Magistrate, Court No.1, Muzaffar Nagar as well as summoning order dated 9.1.2018 passed by the court concerned. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Section is not made out against the applicant. General allegations have been made in the complaint. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicant has been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with 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 applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
With the above observations, the application stands disposed of.
Order Date :- 25.7.2019 ss
1 issue framed by the court
Whether the High Court should quash criminal proceedings initiated under Sections 323, 504, and 506 IPC based on a prima facie case.
2 provisions across 2 enactments
Dharmendra
State Of U.P.
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
