Dismissed

Ashwani Alias Bittu and 6 Others v. State of U.P. and Another

Allahabad HC31 Aug 2024A482/24461/2024

Case brief

AI extract

What is this about?

This case involves an application under Section 482 Cr.P.C. seeking to quash a summoning order in a criminal proceeding alleging offences under Sections 323, 504, and 376 IPC. The High Court found the matter involved factual determinations beyond the scope of Section 482 and held the proceedings were not mala fide, dismissing the application.

What did the court decide?

The application to quash the summoning order under Section 482 Cr.P.C. was dismissed.

Ashwani Alias Bittu and 6 Others vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140983

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 24461 of 2024 Applicant :- Ashwani Alias Bittu And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anees Baig Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants and learned A.G.A for the State.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 02.05.2024 passed by the learned Chief Judicial Magistrate, Firozabad in Complaint Case No. 10374 of 2023 titled as Smt. Pavitra v. Bittu and Others, whereby the applicant nos. 1 to 6 have been summoned under Sections 323, 504 I.P.C. and applicant no. 7 has been summoned under Section 376 I.P.C., pending in the Court of Chief Judicial Magistrate, Firozabad.

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Learned counsel for the applicants states that applicant no.1 is husband and rest applicants are, father-in-law, mother-in-law, Devar and married Nanad of opposite party no. 2. He further submits that no date has been mentioned in the complaint as to when she approached the S.H.O. concerned for registration of FIR. The complaint has been filed after a delay of eight months from the date of first incident. There is no plausible explanation of delay. He further states that there is no medical report regarding the alleged incident.

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Per contra, learned A.G.A. has drawn attention of the Court towards the contents of FIR, which prima facie fulfilled the ingredients of offence under Section 323, 504, 376 I.P.C. He

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submits that contention raised by counsel for the applicants is merely a defence, which cannot be looked into at this stage.

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In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. Further, on examination of the statement of the complainant recorded under Section 200 Cr.P.C., prima facie , ingredients of offence, as alleged in the FIR, are made out.

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I find force in the arguments of learned AGA and additionally on examination of charge sheet and statement recorded under Section 161 Cr.P.C. prima facie , offence under Sections 323, 504 and 376 IPC is made out qua applicants.

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The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed.

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Order Date :- 31.8.2024 Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Ashwani Alias Bittu and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashwani Alias Bittu and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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