In this Section 482 Cr.P.C. application filed to quash proceedings under Section 504 I.P.C. and a summoning order, the court found no merit in the applicants' claim of mala fide intention and lack of case made out.
Application to quash the complaint case and summoning order 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. - 23
Case :- APPLICATION U/S 482 No. - 9164 of 2019
Applicant :- Hasina And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishnaji Khare,Mrityunjay Khare Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Krishnaji Khare, learned counsel for the applicants. Learned AGA for the State is not present.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceeding of Case No. 4775 of 2017 (Nazma Begum vs. Hasina and others), under Section 504 I.P.C., P.S. Kotwali, District Ballia as well as summoning order dated 14.9.2018 passed by C.J.M., Ballia.
Learned counsel for the applicants submits that the complaint in question has been filed against the applicants with mala fide intention just for harassment. He further submitted that the daughter of complainant had already filed a complaint case being Case No. 366 of 2015 in the Court of A.C.J.M.-Ist, Ballia which is still pending in which accused applicants Wafat son of late Tahrir Husain is still facing trial and no case is made out against the applicants. The complaint case is totally abuse of process of Court. He pointed out certain documents and statements in support of his contention.
In view of the aforesaid submission advanced as well as taking into account the material on record, I am of the opinion that no ground for quashing of the aforesaid complaint case as well as summoning order is made out.
The present 482 Cr.P.C. application lacks merit and is accordingly dismissed .
Order Date :- 12.3.2019 Manoj
2 issues framed by the court
Whether the complaint filed under Section 504 I.P.C. and the summoning order should be quashed.
Whether the application under Section 482 Cr.P.C. possesses merit to discharge the applicants.
2 provisions across 2 enactments
Hasina And 2 Others
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
