Court refused quashing application for further proceedings under Section 323, 504, 506, 427 IPC. Granted 30-day stay on coercive measures upon surrender and bail application.
Application for quashing dismissed. 30-day stay on coercive action if applicants appear and apply for bail.
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. - 82
Case :- APPLICATION U/S 482 No. - 7669 of 2020
Applicant :- Ashok Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the further proceedings arising out of the order dated 17.10.2018 passed by learned Judicial Magistrate Ist, Court No. 12, Basti in Complaint Case No. 531 of 2017, under section 323, 504, 506, 427 IPC pending in the court of learned Judicial Magistrate Ist, Court No. 12, Basti and order dated 3.2.2020 passed by VIth Additional Session Judge/Special Judge (Gangster Act), Basti in Criminal Revision No. 237 of 2019.
It is contended by the learned counsel for the applicants that O.P. No. 2 is nephew of applicant no. 1. The applicant no. 1 has 5 brothers and one of them namely Khunnoo who was issueless has executed a registered sale deed of his property in favour of applicant no. 1 and other persons on 3.2.1983 due to which the O.P. No. 2 has filed this false and frivolous complaint against the applicants. The O.P. No. 2 is working as Advocate clerk (Munshi) in district court Basti. Only with the malafide intention and to cause damage to applicants, he regularly files the false and concocted complaints against the applicants. The applicant no. 2 is wife of applicant no. 1 and applicant no. 3 is unmarried daughter of applicant no. 1 and applicant no. 4 is relative (Sala) of applicant no. 1. He further submits that against the summoning order dated 17.10.2018 the applicants have filed criminal revision which was dismissed by the lower revisional court vide its judgment and order dated 3.2.2020. The summoning order as well as judgement and order of lower revisional court are not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.
On the other hand; learned A.G.A. argued that the summoning order based on the statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C. The applicants have preferred a criminal revision against the summoning order dated 17.10.2018 which was dismissed by the lower revisional
court vide its judgment and order dated 3.2.2020. There is no illegality or irregularity in the impugned orders of courts below and there is no ground to quash the proceeding of the aforementioned case.
A perusal of the record shows that the learned Magistrate after considering the entire evidence available on record and finding a prima facie case has summoned the applicants to face trial under section 323, 427, 504, 506 IPC. The applicants have preferred criminal revision against the summoning order dated 17.10.2018 which was dismissed by the lower revisional court. The O.P. No. 2 has made allegation against the applicants for committing marpit with him and his family members. The O.P. No. 2/complainant in his statement recorded under section 200 Cr.p.C. has supported the complaint version and he has also examined Devnath Nishad and Ram Lakhan in support of his complaint version under section 202 Cr.P.C. I do not find any illegality or irregularity in the impugned judgment and orders of courts below. The learned Magistrate dealing with the complaint at this stage has to see only prima facie case and it can not be said that no prima facie case is made out against the applicants. The disputed defence of the accused can not be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceeding of the aforementioned case including the summoning order dated 17.10.2018 and the order of revisional court dated 3.2.2020, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.2.2020 Masarrat
2 issues framed by the court
Whether the present application under Section 482 Cr.P.C. for quashing further proceedings miscarries the aid of the prima facie case.
Whether coercive actions should be restrained against applicants for a period of 30 days from today or till bail application disposal.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶12
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶12
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Ashok Kumar And 3 Others
State of U.P.
Another
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
