Dismissed
Anant Pandey and 4 Others v. State of U.P. and Another
Allahabad HCA482/45121/2019
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Case :- APPLICATION U/S 482 No. - 45121 of…
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Case :- APPLICATION U/S 482 No. - 45121 of…
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 45121 of 2019
Applicant :- Anant Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Pramod Kumar Gupta, learned Counsel for applicants, learned AGA for State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 08.10.2018 in Complaint Case No.04 of 2017, (Vashisth Pandey vs. Anant Pandey and others), under Sections 323, 452, 504, 506 I.P.C.), P.S. Sukhpura, District Ballia, pending in the Court of Chief Judicial Magistrate, Ballia as well as revisional order dated 16.8.2019 passed by Additional Session Judge / F.T.C. Ballia in Criminal Revision No. 297 of 2018.
The contention of the learned counsel for applicants is that from the allegation of complaint and statement under Section 200 and 202 Cr.P.C., no offence against applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Applicants have falsely been implicated in the case. They are innocent, there is no credible evidence and the entire proceedings are on account of enmity. He pointed out certain documents and statements in support of his contention. It is further stated that there are several documents to show that complaint has been filed maliciously but admitted these documents were not before Magistrate.
It is settled that this Court, while considering correctness of order passed by Magistrate summoning accused, will examine only that material which was available before Magistrate when he passed order. At this stage, this Court cannot examine any new material for the first time.
Learned AGA supported the impugned order, opposed the prayer made by learned counsel for the applicant and submitted that trial court committed no error in passing the impugned order, hence, application is liable to be dismissed.
From the perusal of the material on record and looking into the
facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Apex Court in the cases of R.P. Kapur v. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 S.C.C. (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 S.C.C. (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another 2005 S.C.C. (Cr.) 283.
I do not see any good ground so as to justify interference in the matter and prayer is refused.
However, it is directed that in case the applicants appear and surrender before the court below within 15 days from today and apply for bail, Trial Court is expected, while considering their bail, to bear in mind, established law by Hon'ble Apex Court and the law laid down by the Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of 15 days from today or till they surrender, whichever is earlier, no coercive action shall be taken against the applicants.
In view thereof, application is disposed of.
Order Date :- 7.12.2019 Manoj
Anant Pandey And 4 Others
Rajendra Kumar-IV
As recorded by the court registry
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