Court rejected Section 482 Cr.P.C. application to quash proceedings. Held no infirmity in impugned order; prima facie case exists. Pleas require trial stage evidence.
Applications for quashing entire proceedings and summoning order refused.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 27684 of 2019
Applicant :- Ramesh Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Srivastava 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.819 of 2018 under Sections 452, 427, 323, 504, 506 IPC, Police Station Phoolpur, District - Varanasi pending in the Court of Judicial Magistrate, Court No.8, Varanasi as well as summoning order dated 3.1.2019 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 :- 1.8.2019 ss
2 issues framed by the court
Whether Section 482 Cr.P.C. proceedings should be quashed given the prima facie case made out by the magistrate.
Whether the impugned summoning order suffers from any illegality or infirmity justifying interference under Section 482 Cr.P.C.
3 provisions across 2 enactments
Ramesh Chauhan
State of U.P.
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
