The application under Section 482 Cr.P.C. to quash orders dismissing the complaint was dismissed. The Judge held that no prima-facie case was not established as the applicant failed to lead evidence.
The prayer to quash the impugned order is refused and dismissed as it lacks merits.
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.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 30969 of 2019 Applicant :- Sayedan Khatoon Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Haidar Ali Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the order dated 29.4.2019 passed by Sessions Judge, Amroha in Criminal Revision No.42 of 2019 as well as order dated 8.2.2019 passed by ACJM II, Amroha in complaint case no.1606 of 2018 rejecting the complaint under Section 203 CrPC.
Heard learned counsel for the applicant and Shri Yogeshwar Rai, learned AGA appearing for the State.
I have perused the impugned order passed by the ACJM II, Amroha dated 28.2.2019 which shows that while rejecting the complaint under Section 203 CrPC the court concerned has given categorical finding to the following effect:-
dfFkr ?kVuk dh lwpuk jftLVMZ i= }kjk ,l0 ih0 egksn; dks fnukad 17-09-2018 dks nh x;h vkSj ek= nks fnu i'pkr gh U;k;ky; esa ;g ifjokn izLrqr dj fn;k x;kA ;qfDr ;qDr izdze esa jftLVMZ i= igqapus esa yxus okys le; rd bartkj Hkh ugh fd;k x;kA bl Lrj ij miyC/k leLr lk{;ksa ds lE;d ifj'khyu ls ,slk nf'kZr gksrk gS fd eq[; fookn nhokuh izd`fr dk gS vkSj ek= foi{khx.k ij ncko cukus ds fy, dkuwuh lykg ls ifjokn dFkkud izLrqr fd;k x;k gS] tks fd iw.kZr% lafnX/k izrhr gksrk gSA vr% ifjokn /kkjk 203 na0 iz0 la0 ds rgr fujLr fd;s tkus ;ksX; gSA
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.
The application lacks merits and is accordingly dismissed.
Order Date :- 19.8.2019 SP
3 issues framed by the court
Whether the High Court can interfere with the impugned order under Section 482 Cr.P.C. without the applicant leading evidence.
Whether a prima-facie case is made out against the applicant.
Whether the prayer to quash the order rejecting the complaint under Section 203 CrPC is maintainable.
2 provisions across 1 enactments
Sayedan Khatoon
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
