The High Court dismissed a writ petition challenging a summoning order and a revisional order in an IPC case arising from a trespass and assault incident. The court found no illegality in the lower court decisions.
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.
Neutral Citation No. - 2023:AHC:192795
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 1537 of 2023
Petitioner :- Jagdish And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Vijit Saxena Counsel for Respondent :- C.S.C.
Hon'ble Subhash Chandra Sharma,J.
Sri Abhishek Kumar Singh, advocate holding brief of Sri R. R. Patel appeared and filed vakalatnama on behalf of the opposite party no.2 today which is taken on record.
Heard learned counsel for the petitioners as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record.
The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :-
I- To issue a writ, order of direction in the nature of certiorari quashing the impugned order dated 07.10.2021 passed by Judicial Magistrate, Hathras in Case No.3022 of 2020, under Sections 452, 323, 504 I.P.C. as well as the order dated 21.09.2022 passed by the revisional court in Criminal Revision No.101 of 2021 .
II- To issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
The facts in brief are that an application u/s 156(3) Cr.P.C. was filed before the court of learned C.J.M. by the respondent no.2 Girdhar Gopal making allegation of house trespass, assault and provocation for breach of peace. The incident is said to have taken place on 02.07.2020 at about 6:00 P.M. and the medical examination was done on 03.07.2020 at 2:00 A.M. Thereafter, the matter was reported to the police but no case was registered except conducting the medical examination that was the reason an application to S.P. concerned was sent by the respondent but no any step was taken as a result an application u/s 156(3) Cr.P.C. was moved before the learned court concerned which was treated as complaint and statement of complainant u/s 200 and other witnesses u/s 202 Cr.P.C. were recorded and summoning order was passed while summoning the petitioners u/s 452, 323, 504 I.P.C. against which a criminal revision was filed before the learned court of Session which was also dismissed by order dated 21.09.2022. Being aggrieved with the summoning order as well as order passed by the learned revisional court, this petition has been preferred.
It is submitted by learned counsel for the petitioner that the allegation made in the complaint are false and mala fide. No any such incident took place between the parties but on account of previous enmity this complaint was filed. It is also submitted that the complainant concealed some material and get the order passed by the learned court concerned on the basis of concocted story. On prior occasion another F.I.R. was lodged by the wife of the complainant which was investigated and charge sheet was also filed u/s 323, 452, 506 I.P.C. but allegation regarding rape was not found to be established. This fact was not disclosed in the proceedings of the present case, in this way the statement itself made in the complaint becomes unreliable. It is also submitted that on filing an application u/s 156(3) Cr.P.C. a report from police was called for by the learned court concerned in which police submitted its report that preventive action u/s 107/116 Cr.P.C. was taken against the petitioners which shows that no any such incident took place between the parties. Even though the learned court concerned summoned the petitioners u/s 452, 323, 504 I.P.C. without applying its judicial mind and the learned Session Court also did not consider the aforesaid facts while deciding the revision but dismissed it which cannot be said to be lawful and in conformity with law. Therefore, requested to set aside the order passed by learned court concerned as well as revisional court and to allow the present petition.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contented that in this case the incident took place on 02.07.2020 in which the petitioners made trespass in the house of the respondents and committed marpit with them with lathi, danda and also abused them as a result injuries were caused to them. Thereafter, the respondents approached the police station on the same day and medical examination was also got conducted in the same night at 2:00 A.M. at the instance of police and no F.I.R. was lodged but both the parties were booked u/s 151, 107/116 Cr.P.C. This was the reason present application u/s 156(3) Cr.P.C. was filed by the respondent before the learned court below on which report was called from the police. In the police report it was disclosed that on 02.07.2020 there arose quarrel between the parties in relation to the transaction of money as a result proceedings u/s 151, 107/116 Cr.P.C. were initiated against them. The medical examination and police report both show that there was quarrel between both the parties in which marpit took place even though the police did not lodge the F.I.R. as a result an application u/s 156(3) Cr.P.C. was moved before the learned court which was treated as complaint and after recording the statements of complainant and other witnesses as well as material on record the court passed the summoning order u/s 452, 323, 504 I.P.C. The learned revisional court also considered all these facts and after perusing the record no any illegality was found but the criminal revision being devoid of merit was dismissed. In this way, this petition has no force and is liable to be dismissed.
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of record alongwith order passed by learned Magistrate as well as learned Session Judge, it
shows that incident was said to have taken place on 02.07.2020 at about 6:00 P.M. in which the petitioners made trespass in the house of the respondent and made assault with lathi and danda causing injuries to them and also insulted regarding which he made approach to the police on the same night and his medical examination was also got conducted by the police on 2:00 A.M. on the same date and injury were noted by the doctor at the time of medical examination. The injury report is available on record which shows that the police without lodging the F.I.R. booked both the parties u/s 151, 107/116 Cr.P.C. as a result present application u/s 156(3) Cr.P.C. was moved before the learned court concerned. Thereafter, learned court concerned treated it as complaint and after recording the statement of the complainant as well as other witnesses u/s 200 & 202 Cr.P.C. and perusing the record, passed the order dated 07.10.2021 while summoning the petitioners u/s 323, 452, 504 I.P.C. after finding prima facie case made out against them. There appears no any illegality and non-application of judicial mind by the learned Magistrate likewise the order passed by the learned Session Judge in criminal revision does also not suffer with any illegality, therefore, there is no need to make interference in the matter. As a result this petition being devoid of merit is liable to be dismissed.
According, this writ petition is, hereby, dismissed.
Order Date :- 5.10.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned summoning order and revisional dismissal order were passed with application of judicial mind and free from illegality thereby warranting quashing.
3 provisions across 3 enactments
Jagdish And Another
State of U.P.
Girdhar Gopal
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
