Single Judge directed a dismissed application under Section 482 Cr.P.C. challenging summons under IPC sections 406, 504, and 506, finding no ground to interfere as incriminating material prima facie existed.
Application sued for quashing of U/S 482 Cr.P.C. dismissed. Applicant directed to file bail within two weeks.
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Neutral Citation No. - 2023:AHC:163658
Court No. - 90
Case :- APPLICATION U/S 482 No. - 19596 of 2023
Applicant :- Pramod Teotia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Suphal Shukla,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
by learned counsel for the applicant and contended that from the face of record, prima facie, the complicity of the present applicant in the commission of crime cannot be ruled out. Learned trial court has conducted a proper inquiry under Section 202(1) Cr.P.C. and called for police report. Learned trial court has issued the process against the present applicant considering his guilt on the basis of the statements made by the witnesses and the police report. It is further contended that the innocence of the present applicant can not be inferred at this stage, which can be adjudicated upon by the learned trial court more appropriately after appreciating the evidence to be adduced by the parties. At this juncture, no legal ground is made out to warrant the indulgence of this Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C. to quash the entire proceedings, as such, the instant application is liable to be rejected, being misconceived and devoid on merits.
jurisdiction under Section 482 Cr.P.C. I found no abuse of process of Court or any justifiable ground to pass an order to secure the ends of justice. The applicant has still an opportunity to contest before the court below to prove his innocence.
Order Date :- 11.8.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. warrants quashing of the summons issuing in a complaint for breach of trust.
Whether any abuse of process of court exists in the instant summons proceedings.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶17
Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773 · Who else cites this
6 provisions across 2 enactments
Pramod Teotia
State of U.P.
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
