Allowed

Vimal Tiwari v. State of U.P. and Others

Allahabad HC18 Jan 2020A482/11465/2006

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicant sought quashing of criminal proceedings alleging illegal summoning. The court held that the complaint contained no specific allegation against the applicant and noted the absence of any earlier admission of guilt under Section 200 Cr.P.C., concluding the proceedings were illegal abuse of process. The application was allowed and proceedin

What did the court decide?

Proceedings in Criminal Case No. 3280 of 2005 so far as they relate to the applicant Vimal Tiwari are quashed.

Vimal Tiwari Vs State of U.P. and Others — Criminal Trial and Appeal | Allahabad HC (2020)

¶1

¶2

Court No. - 34

¶3

Case :- APPLICATION U/S 482 No. - 11465 of 2006

¶4

Applicant :- Vimal Tiwari Opposite Party :- State of U.P. and Others Counsel for Applicant :- K.N. Mishra Counsel for Opposite Party :- Govt. Advocate

¶5

Hon'ble Sudhir Agarwal,J.

¶6

Heard Sri K.N. Mishra, Advocate, for applicant and learned A.G.A. for respondents.

¶7

Applicant had invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash the proceedings against applicant in Criminal Case No. 3280 of 2005 (Udain Narain Tiwari Vs. Munna Lal and others), under Section 323, 504 I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Deoria.

¶8

It is submitted that complainant made allegations against Munna Lal, Circle Officer and the only thing against the applicant is that Munna Lal acted under the influence of applicant and when the complainant was summoned, Munna Lal was present in the Office of Circle Officer. The averments made against applicant in para-2 and 5 of complaint reads as under:

¶9

^^2;g fd ifjoknh dks tehuh jaft'k vius gh iVVhnkj foey frokjh iq= dUgS;k frokjh ls gS ftlds ckor eqdnek rglhy ls ysdj ekuuh; mPp U;k;ky;] bykgkckn rd pyk gSA nkSjku eqdnek ifjoknh ds i{k esa Jheku ftykf/kdkjh ,oe ekuuh; mPp U;k;ky; bykgkckn }kjk vkns'k ikfjr fd;k x;k gSA ckotwn blds eqyfte uEcj 2 foey frokjh ds izHkko esa vkdj lh-vks- eqUukyky lyseiqj {ks=kf/kdkjh lyseiqj us crkSj vius vf/kdkjks dk nq:i;ksx djrs gq;s fnukad 19-5-2003 dks le; yxHkx 4-30 cts tc izkFkhZ vius njokts ij cSBk Fkk rks vk;s vkSj fcuk fdlh vf/kdkj ds izkFkhZ ds }kjk fd;s tk jgs lQkbZ dk;Z esa vojks/k mRiUu djrs gq;s cUn djus ds fy;s dgsA bl ij izkFkhZ us Jheku ftykf/kdkjh nsofj;k

¶10

¶11

rFkk ekuuh; mPp U;k;ky; bykgkckn dk ikfjr vkns'k dks izekf.kr izfrfyfi fn;k x;k rks rRdkyhu lh-vks- lyseiqj eqUukyky us vkns'k gkFk esa fy;s rFkk i<+dj ;g dgrs gq;s Qsad fn;s fd ,s QthZ vkns'k esa jkst ns[krk gwW] eSa gkbZdksVZ dk xqyke ugha gwWa fd gkbZdksVZ tks Hkh vkns'k ikfjr djsxh mldk vuqikyu djsaxsA esjh lfoZl 12 lky dh gks x;h vkSj eSa cgqr gh dkuwu tkurk gwWaA^^

¶12

^^5;g fd izkFkhZ fnukad 21-05-2003 dks vius eqdnek dh iSjoh gsrq rFkk vius Åij xSj dkuwuh vR;kpkjks ds lEcU/k esa vius rglhy ds vf/koDrk Jh lqjsUnz izrki frokjh ls feyus gsrq muds foLrj ij cSBk rks lh-vks- eqUukyky yxHkx 11-30 cts vius xuj dks Hkst dj cqyk;s rFkk mDr dk;kZy; ij esjs foi{kh eqfYte uEcj 2 foey frokjh igys ls gh cSBs FksA esjs foi{kh ds mifLFkfr esa ge ifjoknh dks lh-vks- eqUukyky us ekWa cgu dh Hknnh&Hknnh xkfy;kW nsrs gq;s lQkbZ dk;Z u djus dk dgk rFkk dgs fd rqe ogkW rc rd dqN ugha djksxs tc rd rqe esjh ckr ugha ekuksxs] ns[krs gSa gkbZdksVZ esjk D;k djrk gSA 12 lky esa cgqr gkbZdksVZ ds vkns'k dks ns[kk gwWA ,slk ckj&ckj lh-vks- eqUukyky ds dgus ij ifjoknh us fj'or nsus esa vleFkZrk tkfgj fd;k rks os rqjUr dqlhZ ls mBs vkSj nks pkj csr yxkrs gq;s ge izkFkhZ dks viuk lqj{kk dfeZ;ksa ds }kjk dksrokyh lyseiqj Hkstdj cUn djok fn;sA tgkW ij ifjoknh dks rdjhcu 10 ?kaVs fcuk fdlh vijk/k o vkns'k ds ek= gSjku o ijs'kku djus dh fu;r ls cUn djrs gq;s izrkfM+r fd;k x;kA blh chp nkSjku cUnh lh-vks- egksn; ds izdksi ls cpkus dh fu;r ls ge izkFkhZ ds HkkbZ lqHkk"k pUnz frokjh }kjk voS/kkfud cUnh dh lwpuk tfj;s QSDl ,l-ih- nsofj;k dks nsuk pkgk ijUrq QSDl e'khu dh rduhdh [kjkch gksus ds dkj.k mDr lwpuk ,l-ihegksn; dks ugha nh tk ldh rks Mh-,e- ,oa vU; dks iwjh nkLrku ds lkFk QSDl ls lwfpr fd;kA**

¶13

“2. That the complainant has enmity with his pattidaar Vimal Tiwari, s/o Kanhaiya Tiwari over a piece of land. There had been litigation on this count from Tahsil upto the Hon'ble High Court, Allahabad. During the litigation, orders have been passed by the District Magistrate and the Hon'ble High Court, Allahabad in favour of the complainant. Despite this, Shri

¶14

¶15

Munna Lal, C.O. Salempur, by misusing his powers and under influence of accused no. 2 Vimal Tiwari, on 19.05.2003 at around 4:30 o'clock came when the applicant was sitting at his door and asked him to stop the cleaning work being carried out by him by creating obstructions. On this, the applicant showed certified copies of orders passed by the District Magistrate, Deoria and the Hon'ble High Court, Allahabad. The then C.O., Salempur Shri Munna Lal took the orders in his hand and after going through them threw the same by saying, “These orders are forged. I see such orders daily. I am not a slave of the High Court to ensure compliance of whatever orders it passes. I have passed 12 years in service and I know much of the law.”

¶16

5. That on 21.05.2003, the applicant, in order to do pairvi in this case and to discuss about the unlawful atrocities meted out to him, went to meet his advocate from Tahsil Shri Surendra Pratap Tiwari and sat on his bed. The C.O. Munna Lal called him around 11:30 o'clock through his gunner, and the accused no. 2 Vimal Tiwari was already sitting in the said office. In presence of the said accused, C.O. Munna Lal used filthy language against me targeting my mother and sister and asked me not to do any cleaning work and further said, “You will not do anything there until you obey my orders. Let me see what the High Court can do against me. I have seen a lot of High Court orders over these 12 years.” On such things being repeatedly uttered by Munna Lal, the complainant showed his inability in giving bribe. On this, he immediately got up from his chair and while hitting me 2-4 times with a baton, sent me to the lock up at Kotwali Salempur by sending me there through his security personnels. The complainant was put in the lockup for around 10 hours without any offence and order, with an intent to harass and torment him. During his detention, complainant's brother

¶17

¶18

Shri Subhash Chandra Tiwari, with the intention to save him from the wrath of the C.O., tried to inform the S.P., Deoria about his illegal detention through fax but the said information could not be given to the S.P. due to a technical fault in the fax machine. Then, he informed the D.M. and others about the entire episode through fax.” (English Translation by Court) 4. In the statement recorded under Section 200 Cr.P.C. nothing has been said by complainant against the applicant. Further in the statements recorded under Section 202 Cr.P.C. of PW-1 Surendra Prasad Tiwari and PW-2, Subhash Chandra, I do not find anything said against applicant except that applicant caused loss to complainant. It is submitted that offence under Section 323, 504 I.P.C. has been levelled against Munna Lal, Circle Officer and there is nothing to implicate the applicant under the aforesaid offences and there is no charge under Section 120B I.P.C. or Section 34 I.P.C., hence, summoning of applicant is wholly illegal and amounts to gross abuse of process of law.

¶19

I have already noticed that in the complaint nothing has been said in regard of applicant which may constitute offence under Section 323, 504 I.P.C. committed by him. In the statement of Subhash Chandra, PW1, only this much has been said against applicant:

¶20

^^ftl ij eqUukyky dqlhZ ls mBs vkSj esjs HkkbZ dks csr ls ekjus yxsA vkSj lyseiqj dksrokyh esa Hkstdj cUn djk fn;sA vkSj djhc 10 cts jkr esa NksM+sA eqUukyky] o foey frokjh ds bl dk;Zokgh ls esjs HkkbZ mn; ujk;u frokjh dk dkQh uqdlku gqvk gSA **

¶21

“On this Munna Lal rose from the chair, started beating my brother with a baton, got him detained at Kotwali, Salempur and released him at around 10 pm. These acts of Munna Lal and Vimal Tiwari have caused much harm to my brother Udai Narayan Tiwari. ” (English Translation by Court) 6. The Magistrate while summoning applicant has not said

¶22

¶23

anything as to how offence under the aforesaid Sections are made out against applicant. Hence proceedings against applicant are patently illegal and amounts to gross abuse of process of law, thus same cannot be sustained.

¶24

The application is allowed. Proceedings in Criminal Case No. 3280 of 2005 (Udain Narain Tiwari Vs. Munna Lal and others), under Section 323, 504 I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Deoria, so far as it relates to applicant, Vimal Tiwari, is quashed. Order Date :- 18.01.2020 PS

Vimal Tiwari v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Vimal Tiwari v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharam Narayan Upadhyay Vs State of U.P. and Others

Sandeep Thapar Vs State of U.P. and Another

Rakesh Kumar Vs State of U.P. and Others

Ram Das Verma Vs State of U.P. and Another

Head Constable No. 198 Ramveer Singh Vs State of U.P.

Wajid Khan Vs State of U.P. and Another