The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash the Respondent Magistrate's order initiating proceedings as a complaint case, finding no illegality or infirmity in the lower court order after reviewing facts and observations.
The prayer to quash the order and stay proceedings was dismissed.
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. - 31834 of 2019
Applicant :- Ashok Kumar Patel Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This Application U/S 482 Cr. P.C. has been filed with the prayer to quash the part of the order of Chief Judicial Magistrate, Jaunpur dated 8.7.2019 so far it relates to directing the protest petition treating the same as complaint and for proceeding the case as complaint case in Misc. Case No. 48 of 2019 (Ashok Kumar Vs. State), under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Sujanganj, district Jaunpur. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned A.G.A.
Submission of learned counsel for the applicant is that initially F.I.R. was lodged on the part of the applicant. Final report was submitted. Thereafter protest petition was filed and concerned Magistrate again rejecting the final report directed the investigating agency for fresh investigation. It is also argued that second investigating agency again submitted final report without collecting the proper evidence. It is also argued that opinion formed by the Investigating Officer concerned was not based on the evidence. There was sufficient evidence in the case diary itself to take cognizance in the matter. Concerned Magistrate illegally treated the protest petition as complaint.
Learned A.G.A. opposed the prayer.
In this matter, as is evident from the record, investigating agency has submitted final report twice. Applicant has also submitted protest petition on both the occasions. Since concerned Magistrate by the impugned order has proceeded to enquire the matter himself entering into Chapter XV Cr.P.C. after taking cognizance, thus, having regard to the facts and circumstances of the case, hearing the parties and going through the observations recorded by the concerned Magistrate in the impugned order, no illegality, infirmity or perversity is found in the impugned order. Prayer made in the application is not liable to be allowed.
The application is dismissed.
Order Date :- 30.9.2019 Sachdeva
2 issues framed by the court
Whether the High Court should quash the Respondent Magistrate's order directing prosecution and entry of Chapter XV Cr.P.C. proceedings.
Whether the impugned order manifesting no illegality or infirmity should be allowed to stand.
1 provisions across 1 enactments
Ashok Kumar Patel
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
