Dismissed
Ganga Ram Sonkar v. State of U.P. and Another
Allahabad HCA482/5614/2007
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Case :- APPLICATION U/S 482 No. - 5614 of…
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Case :- APPLICATION U/S 482 No. - 5614 of…
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 5614 of 2007
Applicant :- Ganga Ram Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singhal,Rahul Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Kumar,J.
Called in revised. None appeared to press this application. In the circumstances, I myself have perused the record.
This criminal application under Section 482 Cr.P.C. has been filed with the prayer to quash proceedings of Complaint Case No.491 of 2006 (Jai Kumar Versus Ganga Ram) pending in the court of Additional Chief Judicial Magistrate, Court No.14, Fatehpur and all consequential proceedings thereon.
Today, none is present on behalf of the applicant.
Perusal of record shows that statements of the complainant and his witnesses have been recorded under Sections 200 and 202 Cr.P.C. in the aforesaid complaint. From contents of the complaint and the statements recorded by the Magistrate, prima facie, offences under Sections 419 and 420 I.P.C. are made out against the applicant. The Magistrate has rightly summoned him by its order dated 07.12.2006. There is no illegality, infirmity or perversity in the impugned summoning order.
In view of above, the application under Section 482 Cr.P.C. lacks merit. It is, accordingly, dismissed. The interim order dated 21.03.2007 is vacated.
Certify this judgment to the lower Court immediately.
Order Date :- 28.7.2021 MN/-
3 issues framed by the court
Whether Section 482 Cr.P.C. application to quash summons proceeding under cheating offences deserves to be allowed in absence of applicant.
Whether prima facie makes out for offences under Sections 419 and 420 I.P.C. warrants dismissal of quashing application.
Whether impugned summoning order is liable to be set aside due to illegality or infirmity.
5 provisions across 2 enactments
Ganga Ram Sonkar
Umesh Kumar
As recorded by the court registry
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