Dismissed

Bhola and 5 Others v. State of U.P. and Another

Allahabad HC14 Mar 2019A482/9142/2019

Case brief

AI extract

What is this about?

This is an application under Section 482 Cr.P.C. to quash a summoning order in a criminal complaint. The applicant argued the prosecution was malafide. The court held no arbitrary exercise of jurisdiction initially. Finding an offence made out and disputed questions of fact, the application was dismissed.

What did the court decide?

Application under Section 482 Cr.P.C. refused and disposed of.

Bhola and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 23

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Case :- APPLICATION U/S 482 No. - 9142 of 2019

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Applicant :- Bhola And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sabihul Akhlaq Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Sabihul Akhlaq Ansari, learned Counsel for applicants and learned AGA for State-respondents.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 27.2.2018 passed by Judicial Magistrate, Court No. 3, Allahabad in Complaint Case No. 2854 of 2017, (Shyama Devi Vs. Bhola and others, under Sections 323, 452, 504, 506 I.P.C.) and subsequent proceeding thereof.

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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.

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It is stated that there are several documents which show that complaint has been filed maliciously but admittedly these documents were not before Magistrate and 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.

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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

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Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (para-10) 2005 S.C.C. (Cr.) 283.

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I do not see any good ground so as to justify interfere in the matter and prayer is refused.

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However, 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.

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In view thereof, application is disposed of.

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Order Date :- 14.3.2019 Manoj

Bhola and 5 Others v. State of U.P. and Another

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Bhola and 5 Others v. State of U.P. and Another

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