Quashed

Vishesh Garg and Another v. State of U.P. and Another

Allahabad HC13 Sept 2024A482/15834/2024

Case brief

AI extract

What is this about?

The High Court set aside an order of the Magistrate initiating proceedings under Section 500 IPC, holding that a mandatory inquiry under Section 202(1) Cr.P.C. was not conducted despite the accused residing outside the jurisdiction, per Abhijit Pawar. The matter was remitted for a fresh hearing.

What did the court decide?

Impugned order set aside; matter remitted for fresh order within 3 months after hearing complainant.

Vishesh Garg and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:158930

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 15834 of 2024

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Applicant :- Vishesh Garg And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Supplementary affidavit filed by learned counsel for applicants is taken on record.

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Heard Sri Santosh Kumar Shukla, learned counsel for applicants.

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This Court has passed following order on 13.09.2024 :-

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“1. Applicants have prima facie made out a case for interference that probably no offence could be made under Section 500 I.P.C. on basis of facts of present case, however, Sri Santosh Kumar Shukla, learned counsel has not able to reply two important queries of this Court i.e. date of submission of final report in a criminal case filed by complainant as well as outcome of FIR lodged by applicants side.

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Court also takes note of argument that there may be legal lacunae since a mandatory inquiry report from police was not sought under Section 202 (1) Cr.P.C. since proposed accused (applicants) are residents of a place beyond jurisdiction of learned Magistrate at Meerut.

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Learned counsel seeks one week's time to reply above referred queries along with documents.

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Let this matter come up at 12.30 on 27.09.2024.”

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Learned counsel has come up with replies of above referred two queries. Answer to first query is that FIR lodged by complainant side was investigated and final report was submitted on 17.08.2023. Thereafter, a protest

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petition was filed which was considered as a complaint case by order dated 07.06.2024 and further proceedings are still pending.

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Answer to second query is that FIR lodged by complainant side after further investigation and final report has been submitted which is still not accepted.

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In aforesaid circumstances, Court takes note of legal lacunae that mandatory inquiry is prescribed U/s 202 (1) Cr.P.C. since proposed accused are residents of a place beyond jurisdiction of learned Magistrate at Meerut, therefore, said procedure is not complied with in terms of a judgment of Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar and another, (2017) 3 SCC 528 .

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In aforesaid circumstances, I am of considered opinion that learned Magistrate has committed an error and this Court has a reason to interfere with impugned order. Accordingly, impugned order dated 26.02.2024 passed in Complaint Case No. 1415 of 2024 (Arun Kumar Garg vs. Vishesh Garg and others) by Special Chief Judicial Magistrate, Meerut is hereby set aside.

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Since this order is passed without issuing notice to opposite party-2, therefore, this application is disposed of by remitting the matter back to concerned Court to pass a fresh order within 3 months after hearing complainant only and taking note of Abhijit Pawar (supra) .

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Order Date :- 27.9.2024 N. Sinha

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Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

Vishesh Garg and Another v. State of U.P. and Another

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Vishesh Garg and Another v. State of U.P. and Another

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