An application under Section 482 Cr.P.C. seeking quashing of criminal proceedings was dismissed at the initial stage. The learned A.G.A. submitted that the ingredients of the offence were made out, and the applicant failed to point out any illegality in the order. Consequently, no decision on the merits was reached in this proceeding.
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Court No. - 2
Case :- APPLICATION U/S 482 No. - 13775 of 2020
Applicant :- Amar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant applicant has been filed seeking the following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Complaint Case No.2662 of 2019 (Munnulal Vs. Amar Singh and others) under Section 406 I.P.C., Police Station Kotwali Fatehgarh, District Farrukhabad, presently pending in the Court of the learned Judicial Magistrate (Sadar), District Farrukhabad as well as summoning order dated 13.3.2020 (Annexure No.6 to the accompanying affidavit)."
As per allegations in the complaint, the applicant was working on the plot of the applicant. It is alleged that accrued wages were not given to the applicant and on demand, the complainant was beaten. It is urged that the ingredients of Section 406 I.P.C. is not made out.
Learned A.G.A. submits that the amount of the wages with the applicant as per allegation was withheld and not paid. The ingredient of the offence under Section 406 I.P.C. is made out.
On specific query, learned counsel for the applicant failed to point out any illegality, infirmity or jurisdictional error in the order impugned.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed, at this stage.
Order Date :- 19.10.2020 Anil K. Sharma
Digitally signed by Justice Suneet Kumar Date: 2020.10.21 10:31:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 provisions across 2 enactments
Amar Singh
State of U.P.
Suneet Kumar
As recorded by the court registry
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