The court dismissed an application under Section 482 Cr.P.C. seeking quashing of proceeding under Section 420 IPC and a summoning order. It held that disputed facts are beyond the scope of Section 482.
Application to quash proceedings and summoning order dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 12943 of 2021
Applicant :- Kishan Lal @ Vikky And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri A.K.S. Bais, learned counsel for the applicants and Ms. Akansha Gaur, learned State Law Officer appearing for the State opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of the Complaint Case No. 3433/2018 (Karan Kharbanda v. Kishan Lal alias Vikky and another), under section 420 IPC, Police Station-Janakpuri, District-Saharanpur and also the impugned summoning order dated 29.10.2018 passed by the learned A.C.J.M 2nd Saharanpur.
Learned counsel for the applicants has sought quashing of the proceedings as also the summoning order by referring to the factual aspects of the case and the defence which is to be set up on behalf of applicants.
The learned Magistrate on the basis of the allegations made in the complaint and the statement of the complainant under section 200 Cr.P.C. as also the witnesses under section 202 Cr.P.C. has arrived at a conclusion that there was sufficient material for proceeding, and in view thereof the applicants herein have been summoned.
The legal position in this regard is fairly well settled and the test which is required to be applied at the stage of summoning is that whether the material placed before the Magistrate was "sufficient for proceeding against the accused" and not "sufficient to prove and establish guilt".
The other submissions which have been raised would relate to disputed questions of fact and would involve appreciation of evidence and accordingly the same would be beyond the scope and purview of the powers to be exercised under section 482 Cr.P.C. at this stage of the proceedings.
No other ground has been urged.
Having regard to the aforesaid, this court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C., in the facts of the present case.
The application stands accordingly dismissed .
Order Date :- 27.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
1 issue framed by the court
Whether the court should exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings and summoning order.
2 provisions across 2 enactments
Kishan Lal @ Vikky And Another
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
