Single-judge application under Section 482 Cr.P.C. filed to quash a cognizance order, summoning order, and charge sheet alleging false charges and malafide intent. The High Court found a prima facie cognizable offence and dismissed the application.
Prayer to quash cognizance order, summoning order, and entire proceedings dismissed.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 26611 of 2021
Applicant :- Sagar And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ramanuj Yadav, learned counsel for the applicants; Sri Ravindra Kumar Singh, learned AGA for the State-respondent and perused the record of the case.
The present Application u/s 482 Cr.P.C. has been filed by the applicants with a prayer to quash the cognizance order/summoning order dated 22.10.2021 passed by Chief Judicial Magistrate Banda and charge sheet No. 89 of 2021 dated 14.8.2021 as well as entire proceedings of Case No. 10221/IX of 2021 (State Vs. Babadeen and others) arising out of case crime No. 91 of 2021 under Section 506 IPC and Section 3/4 D.P. Act, P.S. Girwan, District Banda pending in the Court of Chief Judicial Magistrate, Banda.
Learned counsel for the applicants contended that the entire allegation made against the applicants in the FIR are totally false and bogus and he did not commit the alleged offence. He further contended that the FIR of the present case is nothing but a counterblast. When applicants moved an application before the Superintendent of Police, Banda on 22.6.2021 with the allegation that applicants are pressurizing them to perform marriage then only after three days, FIR of the present case with malafide intention was lodged on 25.6.2021, therefore, the chargesheet as well as cognizance order is bad in the eye of law.
Per contra learned AGA contended that perusal of the FIR as well as statement recorded under Section 161 Cr.P.C., prima facie discloses an offence under Sections 406, 506 IPC and 3/4 D.P. Act and as far as the arguments advanced by learned counsel for the applicant that the present case falls under the category of malicious prosecution is also not sustainable and on this ground this application u/s 482 Cr.P.C. cannot be succeeded and therefore, it is liable to be dismissed.
I have heard rival contentions and perused the record of
the case.
FIR and the statement recorded under Section 161 Cr.P.C. clearly discloses prima facie cognizable offence against the applicants and, therefore, it cannot be said that Investigating Officer without any investigation wrongly submitted the charge sheet against them and I find no illegality in the summoning order as well as in cognizance order passed by the court below. As far as arguments advanced by learned counsel for the applicants that FIR of the present case is a counterblast, in this regard it is observed that on this ground neither the charge sheet nor the proceeding can be quashed. Therefore, the present Application u/s 482 Cr.P.C. stands dismissed .
Order Date :- 20.12.2021 Ankita
2 issues framed by the court
Whether the cognizance order, summoning order, and proceedings in criminal Case No. 10221/IX of 2021 against the applicants should be quashed on the ground of false allegations and malafide intention.
Whether the counterblast argument is sufficient to quash the proceedings under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sagar And 2 Others
State Of U.P
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
