Application under Section 482 Cr.P.C. to quash summoning order and complaint proceedings. Court rejected prayer, finding prima facie case made out and stating factual plea requires evidence in lower court.
Prayer to quash the impugned summoning order and stay further proceedings was refused.
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. - 33540 of 2019
Applicant :- Avadhesh Samadhiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.B. Singh 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 impugned summoning order dated 24.04.2019 passed by Judicial Magistrate, Fatehabad, Agra as well as entire proceedings of Complaint Case No. 198-A of 2018 (Rishi Kumar Vs. Avadhesh and others), under Sections 147, 452, 323, 324, 504 IPC, Police Station Pinahat, District - Agra pending in the court of Judicial Magistrate, Ftehabad, Agra. 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 one FIR had already been lodged by the applicant against the opposite party no. 2. Present complaint was filed in counter blast with mala fide intention only to put pressure upon the applicant. No such incident ever took place. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA has submitted that applicants have 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 :- 18.9.2019 Sanjeet
2 issues framed by the court
Whether the High Court should quash the summoning order and complaint proceedings on the ground of mala fide intention and lack of prima facie case.
Whether the High Court can decide the plea at this stage without leading evidence in the lower court.
3 provisions across 2 enactments
Avadhesh Samadhiya
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
